All new or renewed tenancy agreements must include specific information about the rental property’s current level of compliance with the healthy homes standards.
Use our decision tool to find out if you need to include this statement in your tenancy agreement.
This statement has also been included in our residential tenancy agreement and boarding house tenancy agreement templates.
Landlords that don't include this statement when required could face a financial penalty of up to $500 for one tenancy, and it could result in an infringement offence.
About the compliance statement template
The compliance statement template is comprehensive and covers all 5 healthy homes standards and exemptions, to ensure landlords meet their obligations under the Residential Tenancies (Healthy Homes Standards) Regulations 2019.
We recommend landlords use this statement template [PDF, 269 KB], as it is designed to ensure all information required under the Regulations is provided.
The compliance statement also includes the ‘intent to comply’ statement which has been required in new, renewed or varied tenancy agreements from 1 July 2019.
Additionally, the template combines the requirements of the insulation statement (section 13A(1A) of the Residential Tenancies Act 1986) and healthy homes insulation information requirements (regulation 35 of the Residential Tenancies (Healthy Homes Standards) Regulations 2019) into one statement.
Examples and helpful text are also included so landlords and tenants understand what information should be included in the statement.
The level of detail in the statement provides landlords with an accurate picture of the current state of their rental properties and what, if any, work needs to be carried out by future relevant compliance deadlines. Landlords can consider it a checklist in preparation.
What needs to be included in the statement
The purpose of the statement is to show the property’s current level of compliance with the standards. This information, if it exists, must cover the below points.
If the information doesn’t yet exist, as it’s before the healthy homes compliance date for the property, the landlord can state that compliance isn’t required until the healthy homes compliance date. For example, for the heating standard, a landlord using the heating assessment tool or the formula for required heating capacity will know and must provide the heating requirement for the main living room. However, if the required heater has not yet been installed, this information is unknown and therefore cannot be provided.
The compliance date for the tenancy should also be included. For example, if it’s a periodic tenancy that started on or after 1 December 2020 and before 1 July 2021, the final deadline for compliance would be 1 July 2024. For any new or renewed tenancy from 1 July 2021, the property must comply within 90 days of the beginning of the tenancy.
Some private rentals may have additional time to comply with the heating standard. This will depend on whether the property uses the new heating formula to calculate the required heating capacity for the main living room.
Updating the heating standard section of the compliance statement
If a landlord has already completed the healthy homes compliance statement with the tenancy agreement and is choosing to now use the new heating formula, they will need to provide updated information to tenants.
Landlords will need to provide the following updated heating standard information:
- The reason the rental property qualifies for the new heating formula.
- The new compliance date for the heating standard.
- The new required heating capacity of the main living room.
- The type of heater and it’s heating capacity. This heater may have already been installed or will be installed before the compliance deadline.
Landlords can use this template to provide the new information to the tenant. This will update the heating standard section in the healthy homes compliance statement.
Information required for heating standard
Landlords are to include the following information for the heating standard:
- The required heating capacity for the main living room to reach at least 18°C. This needs to be included if using any of the following options to calculate heating capacity:
- The online heating assessment tool.
- The heating formulas in the regulations.(external link)
- A qualified heating specialist to assess the required heating capacity.
- If applicable, confirming the new heating formula for modern dwellings (homes) or relevant apartments is being used to calculate the required heating capacity. This should include a brief description as to why the property meets the criteria to use the new heating formula.
- If applicable, the compliance date for the heating standard if it is different to the other healthy home standards. This will be relevant for rental properties that use the new heating formula for modern dwelling (home) or relevant apartments, and the compliance date is on or after 12 May 2022 and before 12 February 2023.
- If the property is meeting the standard by using a qualified specialist to assess what heating capacity is acceptable the landlord must:
- provide a statement explaining that they are relying on regulation 10A and include a description of why regulation 10A applies
- state the name and relevant qualifications of the specialist
- hold in their records details of how the heating complies with regulation 10A and how the qualified specialist calculated the required heating capacity.
- hold documentation to record compliance when the required heating has been installed.
- If the property is meeting the standard with geothermal heating, the landlord must provide a statement explaining they are relying on regulation 10B and provide a description of why this regulation applies.
- The type of acceptable heater in the main living room and its heating capacity (in kilowatts). If the property is meeting the standard by using geothermal heating the landlord will need to state this.
- If a landlord relies on the tolerance or ‘top-up’ allowance for existing heaters, they will need to state this, with a brief description of why it applies.
Information required for insulation standard
If any of the below information is already provided as part of a separate insulation statement in the tenancy agreement, it does not need to be included again in this statement.
- For each ceiling insulated, either
- the R-value of the insulation and, if known, the date it was installed and when it was last inspected, or
- the thickness of the insulation and, if known, the date when it was last inspected.
- For each underfloor space, the R-value of the insulation and, if known, the date it was installed and when it was last inspected.
- For each ceiling and suspended floor that isn’t insulated, the reason why not.
Statements issued by certified installers
Landlords are required by law to provide a signed insulation statement that includes all information required as part of the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016, as well as information required under the healthy homes standards (e.g. R-values).
The healthy homes compliance statement template is designed to meet the information requirements of both of these. It is a combined statement that only needs to be signed once.
In order to meet the obligations, statements must be ‘made and signed’ by the landlord or an agent acting as the landlord (such as a property manager). The landlord can of course consult with a professional to assess the insulation in their property and rely on the information provided by them when making and signing the statement (including the information requirements). However, this statement cannot be signed by the professional in place of the landlord.
Information about wall insulation
The compliance statement template includes a page for wall insulation. This example statement is designed to incorporate all the information requirements for insulation under both the Residential Tenancies (Healthy Homes Standards) Regulations 2019 as well as the information required as part of the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.
Under that legislation, although wall insulation is not required in the rental property, details are required to be provided by the landlord where it is known. Landlords are required to make all reasonable efforts to obtain this information.
If you are not able to get this information
The landlord must specify what information is unable to be obtained in relation to the location, type and condition of any ceiling, underfloor or wall insulation, state the reason/s why they have not been able to obtain this information, and confirm that all reasonable efforts have been made to obtain the information.
We do not expect landlords to be putting holes in walls to check what/if insulation has been installed.
Information required for ventilation standard
Landlords are to include the following information for the ventilation standard:
- A statement that each habitable space in the premises has one or more openable windows or doors (that meet the requirements detailed in the ventilation section).
- Details of how the home complies with the ventilation requirement. All kitchens and bathrooms must have an extractor fan vented to the outside or the home must have a qualifying ventilation system that continuously extracts to the outdoors from the kitchen(s) or bathroom(s).
- If complying by extractor fans this must include the diameter or exhaust capacity of each extractor fan installed in any kitchen or bathroom
- If complying by using a qualifying ventilation system the statement must include a brief description of how the ventilation meets the definition of qualifying ventilation system to meet the standard. The description must also include it’s exhaust capacity. For example the date consent was given and how it extracts air to the outside.
Information required for moisture and drainage standard
Landlords are to include the following information for the moisture and drainage standard:
- A statement that the rental property has an efficient drainage system.
- that the property does not have any enclosed subfloor spaces, or
- that each enclosed subfloor space has a ground moisture barrier.
Information required for draught stopping standard
Landlords are to include the following information for the draught stopping standard:
- A statement that any open fireplace is either closed off, the chimney is blocked or, due to the tenant’s written request, the chimney isn’t blocked.
- A statement that the property is free from unreasonable gaps that allow draughts into or out of the premises.
If an exemption applies, the landlord must make a statement explaining the exemption and briefly describe the circumstances that led to the exemption.
Related tools and downloads
Healthy homes intent to comply statement – boarding house tenancies
PDF 800 KB
Healthy homes intent to comply statement – residential tenancies
PDF 799 KB
Residential tenancy agreement
For tenants & landlords
PDF 610 KB
Boarding House Agreement
For tenants & landlords
PDF 398 KB
PDF 851 KB
PDF 269 KB
Update to Healthy Homes Compliance Statement
PDF 64 KB, 2 pages