From 1 December 2020, most new or renewed tenancy agreements must include specific information about the rental’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, 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 wih 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.
Information required for heating standard
Landlords are to include the following information for the heating standard:
- The type of acceptable heater in the main living room and its heating capacity (in kilowatts).
- The required heating capacity for the main living room to reach at least 18°C.
- 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.
Calculating the heating capacity
Any person assessing the heating requirements of a property’s main living room to meet the heating standard, including an independent heating assessor, must use either the formula set by regulation(external link) or the online heating assessment tool – which uses and applies the formula.
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).
- The diameter or exhaust capacity of each extractor fan installed in any kitchen or bathroom.
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 1.2 MB
Boarding House Agreement
For tenants & landlords
PDF 1 MB
PDF 851 KB
PDF 195 KB