There are additional statements that landlords need to attach to all new tenancy agreements. Landlords need to sign these statements as well as the tenancy agreement.
From 1 December 2020 landlords must include a separately signed healthy homes standards compliance statement in most new or renewed tenancy agreements. Since 1 July 2016, landlords have needed to provide an insulation statement in all new tenancy agreements. As the healthy homes standards compliance statement includes insulation details, it is not necessary to complete the insulation information on both forms.
Landlords also need to include an insurance statement in all new tenancy agreements.
Since 27 August 2019, landlords must provide insurance information in any new tenancy agreement, including whether or not the property is insured, and the excess amount of any policies relevant to the tenant’s liability for destruction or damage.
If the rental property is part of a body corporate, landlords will need to include insurance information that is relevant to the tenant’s liability for damage of both the rental property itself, and the shared facilities.
Landlords will also need to include a statement informing tenants that a copy of each insurance policy for the property is available on request, unless copies have already been provided.
They also have to tell tenants if this information changes within a reasonable time.
Since 1 July 2016, landlords have needed to provide an insulation statement in all new tenancy agreements. If you are renewing an existing tenancy agreement it’s a good idea to include the insulation statement.
Since 1 July 2019, all rental properties must have ceiling and underfloor insulation where it is reasonably practicable to install.
This statement must include:
- whether there is insulation in the rental home
- where it is in the walls, ceiling and underfloor
- what type of insulation it is
- what condition the insulation is in.
Landlords can use our insulation statement template. This will meet all the requirements for insulation disclosure under the Residential Tenancies Act. Landlords can also attach an assessment from a professional to the tenancy agreement. This will only count as an insulation statement if:
- it includes all required information
- is signed by the landlord.
Otherwise, the landlord can use the information from the professional assessment to complete the insulation statement.
The insulation statement must include all of the required information for insulation that is in the walls, ceiling and underfloor space of the rental.
Where a landlord cannot find the required information for a specific insulation (for example, the walls) they must include the following information in their insulation statement:
- describe the information that the landlord cannot find
- explain why the landlord has not been able to find the information
- confirm that the landlord has made all reasonable efforts to find the information.
Landlords could be liable for a penalty of up to $500 if they don’t include:
- a complete insulation statement
- anything they know to be false or misleading.
From 1 July 2019, landlords must include a statement in new, renewed or varied* tenancy agreements that confirms:
- that on and after the commencement 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, 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.
Download the relevant healthy homes statement template to make sure you’re using the correct wording.
This statement is also 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.
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.
Note: This statement isn’t required if the tenancy is for a fixed term, which ends before the healthy homes compliance date for the tenancy.
For example, if a 12 month fixed term tenancy starts on 1 July 2020 and ends on 30 June 2021, the tenancy will end before the landlord needs to comply with the healthy homes standards. In this case, the landlord does not need to include this information in the tenancy agreement.
Landlords that don’t comply could face a financial penalty of up to $500.
What should the 1 December 2020 statement cover?
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.
Information required for 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.
Information required for insulation standard (if any of this 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 insulation’s R-value 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 insulation’s R-value 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.
Information required for ventilation standard
- A statement that each habitable space in the premises has one or more openable windows or doors (that meets the requirements detailed in the ventilation section above).
- The diameter or exhaust capacity of each extractor fan installed in any kitchen or bathroom.
Information required for 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.
Information required for draught stopping standard
- A statement that any open fireplace is either closed off, the chimney is blocked or that it isn’t blocked off at the tenant’s written request.
- 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.
What is a ‘variation’ to a tenancy agreement?
A variation is a change to the tenancy agreement that both parties agree to. 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.
Related tools and downloads
Residential tenancy agreement
For tenants & landlords
PDF 1.2 MB
Boarding House Agreement
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Insurance statement template
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Healthy homes intent to comply statement – residential tenancies
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Healthy homes intent to comply statement – boarding house tenancies
PDF 800 KB
PDF 1.4 MB