Residential Tenancies Act 1986

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13A Contents of tenancy agreement

(1)

Every tenancy agreement shall include the following minimum information:

(a)

the full name and contact address of the landlord; and

(aa)

the landlord’s contact mobile telephone number (if any); and

(ab)

the landlord’s contact email address (if any); and

(b)

the full name and contact address (where that is different from the address of the premises to which the agreement relates) of the tenant; and

(ba)

the tenant’s contact mobile telephone number (if any); and

(bb)

the tenant’s contact email address (if any); and

(c)

the address of the premises; and

(d)

the date of the tenancy agreement; and

(e)

the date of commencement of the tenancy (where that is different from the date of the tenancy agreement); and

(f)

the landlord’s address for service; and

(g)

the tenant’s address for service; and

(h)

whether the tenant is under the age of 18; and

(i)

the amount of any bond; and

(j)

the rent payable; and

(k)

the frequency of the rent payments; and

(l)

the place or bank account number where the rent is to be paid; and

(m)

a statement (if applicable) that the tenant shall pay any fee or other charge for services rendered by any solicitor or letting agent relating to the grant or assignment of the tenancy; and

(n)
[Repealed]

(o)

a list of any chattels provided by the landlord; and

(p)

if the tenancy is a fixed-term tenancy, the date on which the tenancy will terminate.

(1A)

The landlord must include in the tenancy agreement a statement, made and signed by the landlord, that provides the following information to the tenant (subject to subsections (1B) and (1C)):

(a)

whether or not there is, as at the date of the tenancy agreement, any insulation installed in connection with any ceilings, floors, or walls that are at the premises:

(b)

details of the location, type, and condition of all insulation that is, as at the date of the tenancy agreement, installed in connection with any ceilings, floors, or walls that are at the premises:

(c)

if the tenancy is, or will be, an income-related rent tenancy and requirements in respect of insulation are imposed on the landlord as referred to in section 45(1)(bb), an explanation of how the landlord will comply with those requirements.

(1B)

Subsection (1C) applies if, despite making all reasonable efforts to do so, the landlord has not been able to obtain some or all of the information required by subsection (1A)(a) or (b) in respect of a particular location (for example, above a ceiling, under a floor, or in a wall).

(1C)

The landlord’s statement under subsection (1A) does not have to provide the information that the landlord has not been able to obtain in respect of the particular location, so long as the statement instead—

(a)

describes the information that the landlord has not been able to obtain in respect of the particular location; and

(b)

explains why the landlord has not been able to obtain that information; and

(c)

confirms that the landlord has made all reasonable efforts to obtain that information.

(1D)

The requirement that the landlord’s statement under subsection (1A) be signed by the landlord is in addition to the requirement under section 13(1) that the landlord sign the tenancy agreement.

(1E)

The landlord’s statement under subsection (1A) does not affect the landlord’s duties in respect of insulation under section 45(1) or 66I(1) or otherwise.

(1F)

The landlord commits an unlawful act if—

(a)

the landlord fails to comply with subsection (1A); or

(b)

the landlord’s statement under subsection (1A) includes anything that the landlord knows to be false or misleading.

(2)

[Repealed]

Section 13A: inserted, on 1 December 1996, by section 6(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 13A(1)(aa): inserted, on 1 July 2016, by section 6(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 13A(1)(ab): inserted, on 1 July 2016, by section 6(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 13A(1)(ba): inserted, on 1 July 2016, by section 6(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 13A(1)(bb): inserted, on 1 July 2016, by section 6(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 13A(1)(m): amended, on 1 October 2010, by section 9(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 13A(1)(n): repealed, on 1 October 2010, by section 9(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 13A(1A): inserted, on 1 July 2016, by section 6(3) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 13A(1B): inserted, on 1 July 2016, by section 6(3) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 13A(1C): inserted, on 1 July 2016, by section 6(3) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 13A(1D): inserted, on 1 July 2016, by section 6(3) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 13A(1E): inserted, on 1 July 2016, by section 6(3) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 13A(1F): inserted, on 1 July 2016, by section 6(3) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 13A(2): repealed, on 1 October 2010, by section 9(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).