Penalties for Non-Compliance With Rental Standards in Tasmania

How Penalties Are Calculated

Financial penalties under Tasmanian legislation are expressed as penalty units, indexed annually on 1 July based on CPI movements published in the Tasmanian Government Gazette.

The current penalty unit value for FY 2026–27 is $213 per unit.

For context, the unit has climbed steadily: $202 in FY 2024–25, $205 in FY 2025–26, and $213 now. Every offence in the Residential Tenancy Act 1997 specifies a maximum number of penalty units, and the dollar figure follows the indexation automatically.

Maximum Fines for Common Offences

These are per-offence maximums. A property that fails multiple standards faces multiple potential penalties.

CBOS inspectors can also issue Penalty Infringement Notices (PINs) with reduced amounts for rapid administrative settlement without going to court.

The 14-Day Breach Notice

The enforcement mechanism most landlords underestimate is the tenant's right to terminate. Under Section 38, if a landlord fails to remedy a breach of minimum standards after receiving a written repair notice, the tenant can serve a 14-day Notice to Terminate.

This isn't a negotiation — it's a statutory right. If the breach is real and unremedied, the tenant can walk. The landlord is left with an empty property, no rental income, and the cost of re-letting.

The practical sequence:

1. Tenant serves a written Notice to Repair identifying the defect and the relevant statutory deadline
2. Landlord fails to fix it within the deadline (24 hours for urgent repairs, 14 days for stove-element repairs, or 28 days for general repairs)
3. Tenant serves a 14-day Notice to Terminate for unremedied breach
4. Tenancy ends 14 days later

The tenant can also apply to the RTC for an Order for Repairs as an alternative route to termination.

The Dispute Escalation Sequence

When a minimum standard breach or repair failure occurs, the formal resolution path follows four steps:

1. Notice to Repair — the tenant details the defect in writing and cites the relevant statutory clock
2. RTC repair order application — if the landlord defaults, the tenant applies to the Residential Tenancy Commissioner for a binding order
3. Lease termination notice — alternatively or additionally, the tenant serves the 14-day notice under Section 38
4. Magistrates Court — either party can appeal an RTC determination to the Magistrates Court (Civil Division) within 14 days

What Triggers Enforcement

Most enforcement actions stem from:

• Pre-existing defects at move-in — the property didn't meet Part 3B standards when the tenancy started, and the tenant or their advocate lodges a complaint
• Repair failures during a tenancy — the landlord missed a statutory deadline after a repair was reported
• Retaliatory conduct — attempting to evict or penalise a tenant for exercising their statutory rights (filing a repair notice, applying to the RTC)

The defence against all three is documentation. A dated pre-letting audit showing every standard was checked, repair logs with response timestamps, and trade certificates for licensed work create an evidence trail that's hard to argue against.

How to Avoid Fines

Part 3B includes both specific requirements and functional standards. Some items are straightforward to check, while others depend on condition and performance, such as whether the property is in proper structural repair or hot water is available in a reasonable volume on demand.

Audit the property before every new tenancy, fix defects before handing over keys, respond to repair notices within the statutory deadlines, and keep written records. Landlords who do this consistently are the ones who never see a fine.

Our Rental Minimum Standards in Tasmania guide includes the complete penalty exposure table and every statutory deadline in a tracking format, so you never miss a clock.

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