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By: Gabby Hardaker
February 01, 2024
The Landlord Information Statement includes information about the landlord’s rights and obligations at the start of a tenancy:
- General responsibilities – before renting out the property, the landlord must ensure it is reasonably clean and in a reasonable state of repair (including compliance with health and safety laws).
- Fit for habitation – before renting out the property; the property be fit for people to live in and comply with certain minimum standards.
- Disclosure requirements – the landlord must tell the tenant certain things before entering into a residential tenancy agreement (including material facts and various other items). Where the property is in a strata scheme, that certain additional information must be provided to the tenant.
- Written agreement – The prescribed standard form of residential tenancy agreement must be used, and the standard terms must not be altered. Also, there are certain terms that cannot be included in the agreement.
- Documentation – The tenant must be given certain documents prior to signing the residential tenancy agreement, including the proposed agreement, Tenant Information Statement and by-laws (if the property is in a strata scheme).
- Condition report – A report about the condition of the premises be completed prior to or when the tenant is given the residential tenancy agreement for signing (including the number of copies that must be provided to the tenant).
- Rental bonds – There are certain requirements regarding the collection and management of rental bonds.
- Contact details – The landlord must provide their name and contact details to the tenant, so the tenant can contact the landlord directly (even if the landlord has engaged the services of a property manager).
The Landlord Information Statement also includes information about the landlord’s ongoing responsibilities during the term of the tenancy, including:
- Payment records – That the landlord (or their property manager) must keep certain records and receipts regarding rental payments.
- Rent increases – That rent increases can only be applied in accordance with the terms of the residential tenancy agreement in the case of fixed-term agreements with a term of less than two years, or once every 12 months in the case of continuing tenancies or fixed-term agreements with a term of two years or more (provided the tenant has been given 60 days written notice).
- Rates, taxes and utility charges – The landlord is responsible for the payment of all rates, taxes and other charges payable under the law (other than electricity and gas charges if the property is separately metered).
- Water efficiency measures and water usage charges – That the landlord may pass water usage charges on to the tenant where
certain water efficiency measures have been installed, but only if the property is separately metered. - Repairs and maintenance – The property must always be in a reasonable state of repair, and the landlord is responsible for any repairs and maintenance.
- Smoke alarms – Working smoke alarms must be installed on all levels of the rental property, and the landlord’s responsibilities in relation to installation, repairs and maintenance.
- Access to the premises – That the landlord may only access the property in certain circumstances and the notice periods that are required.
- Minor changes – The landlord cannot unreasonably withhold consent when a tenant requests to make certain minor changes to the property.
- Domestic violence – A tenant can end their tenancy immediately and without penalty if they or their child are in circumstances of domestic violence (as defined by the Residential Tenancies Act).
Further, the Landlord Information Statement sets out information about ending the tenancy, including:
- Notice – That any termination notice be in writing and include certain details.
- Break fee – There is a break fee payable in the case of a fixed-term agreement of three years or less where the tenant terminates the agreement early.
- Rental bonds – That the bond will be refunded to the tenant in full at the end of the tenancy unless there is a reason to make a claim against the bond.