Landlords need to attach additional healthy homes statements to new, renewed or varied tenancy agreements from certain dates.

 

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Healthy homes standards – ‘intent to comply’ statement required from 1 July 2019

From 1 July 2019, landlords must include a statement in new, renewed or varied* tenancy agreements that confirms:

  • that on and after the start of the tenancy, the landlord will comply with the healthy homes standards as required by either section 45(1)(bb) – Residential Tenancies, or section 66I(1)(bb) – Boarding House Tenancies, of the Residential Tenancies Act 1986, or
  • that the landlord already complies with the healthy homes standards as required by either section 45(1)(bb) – Residential Tenancies, or section 66I(1)(bb) – Boarding House Tenancies, of the Residential Tenancies Act 1986.

Use the relevant healthy homes statement template to make sure you’re using the correct wording:

Download the healthy homes statement for residential tenancies [PDF, 799 KB]

Download the healthy homes statement for boarding house tenancies [PDF, 800 KB]

The ‘intent to comply’ statement is included in our residential tenancy agreement template and our boarding house tenancy agreement template. It can be combined with the insulation statement and provided with one signature.

Residential tenancy agreement template [PDF, 1.2 MB]

Boarding house tenancy agreement template [PDF, 1 MB]

Insulation statement [PDF, 851 KB]

Healthy homes standards – compliance statement required from 1 December 2020

From 1 December 2020, most new or renewed tenancy agreements must also include specific information about the landlord’s current level of compliance with the healthy homes standards.

Compliance statement template [PDF, 195 KB]

About the compliance statement template

The compliance statement template is comprehensive and covers all five healthy homes standards and exemptions, to ensure landlords meet their obligations under the Residential Tenancies (Healthy Homes Standards) Regulations 2019.

The ‘intent to comply’ statement is included within the same template.

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 required will give landlords the most accurate picture on 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.

We recommend landlords use this statement template, as it is designed to ensure all information required is provided.

When the compliance statement needs to be included

A healthy homes compliance statement will need to be included in new or renewed tenancy agreements signed on or after 1 December 2020. It is not required if the tenancy is fixed-term and ends before the healthy homes compliance dates for the tenancy.  

Use our decision tool to find out if you need to include this statement in your tenancy agreement.

Landlords that don’t comply could face a financial penalty of up to $500. From 11 February 2021, failing to complete the compliance statement could result in an infringement offence.

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.

Find out more about the healthy homes standards compliance timeframes.

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.

Find out more about the heating standard.

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.

Find out more about the insulation standard

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.

Find out more about the ventilation standard

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.
  • Either:
    • that the property does not have any enclosed subfloor spaces, or
    • that each enclosed subfloor space has a ground moisture barrier.

Find out more about the moisture and drainage standard

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.

Find out more about the draught stopping standard

Exemptions information

If an exemption applies, the landlord must make a statement explaining the exemption and briefly describe the circumstances that led to the exemption.

Find out more about healthy homes standards exemptions.

* What is a ‘variation’ to a tenancy agreement?

A variation to a tenancy agreement is when the terms or conditions of the tenancy agreement are changed, for example responsibilities for lawns and gardens, change of tenants or conditions about having pets at the property. It's different to a renewal or extension as it relates to the terms or conditions rather than the end date of the tenancy.

This change must be in writing and signed by both the landlord and tenant(s) and state what date it takes effect from. It can be written in the tenancy agreement or on a separate document that is then attached to the tenancy agreement. The landlord must give the tenant(s) a copy of this written variation.

A rent increase notice does not require a written variation or tenant signature, as this can be issued without the tenant’s prior agreement (as long as the notice complies with all legal requirements). In some situations, the tenant and landlord may agree to increase the rent due to changes that benefit the tenant, for example, substantial improvements to the premises. In these cases, the increase in rent would be a variation and must meet the above requirements.

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