Huge post guys, sorry. For those who think running a rental does not require effort then have a read on the new tenancy agreement requirements:
We are now required to include in new tenancy agreements all the following:
General Exemptions
Any general exemption of the Heathy Homes Standards relied upon by the landlord must, in all circumstances, have a statement in the tenancy agreement that the landlord is relying upon a certain exemption and must always include a brief description of the circumstances giving rise to the exemption.
To explain a little from here on.
Any notations from the line in italics above to here are because of the new legislation. As you will see, there is a great amount of information, which is specific to a property, which now needs to be collected and recorded into the tenancy agreement.
The data collection and entry for each property is huge. The potential work to be done on each property to comply will vary immensely, from zero to considerable. Regardless of the amount of work to be done, reporting on the work still needs to be done. Records need to be kept for 7 years and, although a lot of these requirements do not need doing immediately it would be wise to begin from now onwards. In addition, in any new or renewed tenancy from 1 July 2019, a landlord will have to make a statement that they comply or intend to comply with the healthy homes standards when required. A landlord must make this declaration, even if the landlord does not have to comply until the healthy homes’ compliance date.
We are now required to include in new tenancy agreements all the following:
- [*=left]Full name and contact address of the Landlord
[*=left]The Landlords contact mobile telephone number (if any)
[*=left]The Landlords contact email address (if any)
[*=left]The full name and contact address (where that is different from the address of the premises to which the agreement relates) of the tenant
[*=left]The tenants contact mobile telephone number (if any)
[*=left]The tenants contact email address (if any)
[*=left]The address of the premises
[*=left]The date of the tenancy agreement
[*=left]The date of commencement of the tenancy (where that is different from the date of the tenancy agreement)
[*=left]The Landlords address for service
[*=left]The tenants address for service
[*=left]Whether the tenant is under the age of 18
[*=left]The amount of any bond
[*=left]The rent payable
[*=left]The frequency of rent payments
[*=left]The place or bank account number where the rent is to be paid
[*=left]A list of any chattels provided by the landlord
[*=left]If the tenancy is a fixed term tenancy, the date on which the tenancy will terminate
[*=left]The required heating capacity of the main living room of the premises
[*=left]The type of qualifying heater that heats the main living room
[*=left]The heaters capacity for the main living room - If the living room has an exemption then
- [*=left]The tenancy agreement must include a statement that the main living room is exempt
[*=left]The tenancy agreement must include a description of the circumstances giving rise to the exemption.
[*=left]For each ceiling of a domestic living space in the premises that is insulated - [*=left]The tenancy agreement must include a statement that the main living room is exempt
- The dates when the insulation was installed and when it was last inspected (if known)
- [*=left]The insulations “R” value when it was installed OR
[*=left]The thickness of the insulation material when it was last inspected
[*=left]For each suspended floor of a domestic living space in the premises that is insulated
[*=left]The dates when the insulation was installed and when it was last inspected (if known)
[*=left]The insulations “R” value when it was installed
[*=left]For each suspended floor of a domestic living space in the premises that is not insulated the reason why - [*=left]The insulations “R” value when it was installed OR
- If a ceiling or floor does not comply
- [*=left]The tenancy agreement must include a statement that the ceiling or floor is exempt from the requirement to have insulation
[*=left]The tenancy agreement must include a description of the circumstances giving rise to the exemption.
[*=left]The tenancy agreement must include a statement that each habitable space has one or more qualifying windows or doors
[*=left]The tenancy agreement must include a statement on the extractor fans diameter or exhaust capacity for both the kitchen and bathroom - [*=left]The tenancy agreement must include a statement that the ceiling or floor is exempt from the requirement to have insulation
- If a habitable space does not comply
- [*=left]The tenancy agreement must include a statement that the space is exempt from the requirement to have an openable window or external door
[*=left]The tenancy agreement must include a description of the circumstances giving rise to the exemption.
- [*=left]The tenancy agreement must include a statement that the space is exempt from the requirement to have an openable window or external door
- If a kitchen or bathroom does not comply
- [*=left]The tenancy agreement must include a statement that the room is exempt from the requirement to have an extractor fan
[*=left]The tenancy agreement must include a description of the circumstances giving rise to the exemption.
- [*=left]The tenancy agreement must include a statement that the room is exempt from the requirement to have an extractor fan
- For each open fireplace in the premises
- [*=left]The tenancy agreement must include a statement that it is closed off or the chimney is blocked OR
[*=left]At the tenants request, the fireplace is available for use
[*=left]The tenancy agreement must include a statement that the premises are free from unintentional and unreasonable gaps between, and holes in, building elements that allow draughts into or out of the premises
- [*=left]The tenancy agreement must include a statement that it is closed off or the chimney is blocked OR
- The tenancy agreement must include a statement that the tenancy building has an efficient drainage system
- [*=left]The tenancy agreement must include a statement that the tenancy building does not have any enclosed subfloor spaces OR
[*=left]Each enclosed subfloor space of the tenancy building has a ground moisture barrier
- [*=left]The tenancy agreement must include a statement that the tenancy building does not have any enclosed subfloor spaces OR
- However, if an enclosed subfloor space does not comply and the landlord relies on an exemption then
- [*=left]The tenancy agreement must include a statement to the effect that the subfloor space is exempt from the requirement to have a ground moisture barrier
[*=left]The tenancy agreement must include a description of the circumstances giving rise to the exemption
- [*=left]The tenancy agreement must include a statement to the effect that the subfloor space is exempt from the requirement to have a ground moisture barrier
General Exemptions
Any general exemption of the Heathy Homes Standards relied upon by the landlord must, in all circumstances, have a statement in the tenancy agreement that the landlord is relying upon a certain exemption and must always include a brief description of the circumstances giving rise to the exemption.
To explain a little from here on.
Any notations from the line in italics above to here are because of the new legislation. As you will see, there is a great amount of information, which is specific to a property, which now needs to be collected and recorded into the tenancy agreement.
The data collection and entry for each property is huge. The potential work to be done on each property to comply will vary immensely, from zero to considerable. Regardless of the amount of work to be done, reporting on the work still needs to be done. Records need to be kept for 7 years and, although a lot of these requirements do not need doing immediately it would be wise to begin from now onwards. In addition, in any new or renewed tenancy from 1 July 2019, a landlord will have to make a statement that they comply or intend to comply with the healthy homes standards when required. A landlord must make this declaration, even if the landlord does not have to comply until the healthy homes’ compliance date.
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