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)
[Repealed]

(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[Repealed]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)
[Repealed]

(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.

(1CA)

The landlord must also include in the tenancy agreement a statement, made and signed by the landlord,—

(a)

that, on and after the commencement of the tenancy, the landlord will comply with the healthy homes standards as required by section 45(1)(bb) or 66I(1)(bb) (as the case may be); and

(b)

including the information (if any) prescribed by regulations under section 138B(5).

(1CB)

If there is a written variation or renewal of the tenancy agreement in accordance with section 13B(1), the landlord must include in the written variation or renewal a statement, made and signed by the landlord,—

(a)

that, on and after the time when the variation or renewal takes effect, the landlord will comply with the healthy homes standards as required by section 45(1)(bb) or 66I(1)(bb) (as the case may be); and

(b)

including the information (if any) prescribed by regulations under section 138B(5).

(1D)

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

(1DA)

However, the landlord’s statements under subsections (1A) and (1CA) can be combined, with the landlord signing once to confirm both statements (in addition to the landlord signing the tenancy agreement).

(1DB)

The requirement that the landlord’s statement under subsection (1CB) be signed by the landlord is in addition to the requirement under section 13B(1) that the landlord sign the variation or renewal.

(1E)

The landlord’s statement under subsection (1A), (1CA), or (1CB) does not affect the landlord’s duties in respect of insulation or the healthy homes standards 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), (1CA), (1CB), (2), (3), or (4); or

(b)

the landlord’s statement under subsection (1A), (1CA), (1CB), (2), (3), or (4) includes anything that the landlord knows to be false or misleading.

(2)

The landlord must include in the tenancy agreement the following information about insurance of the premises:

(a)

if the premises are not insured, a statement that they are not insured; and

(b)

if the premises are insured, a statement—

(i)

setting out, for each insurance policy that is relevant to the tenant’s liability for destruction of or damage to the premises, the amount of each excess that is relevant (if any) to that liability; and

(ii)

informing the tenant that a copy of the policy is available to the tenant on request (except that the statement need not inform the tenant of this if the landlord has already provided to the tenant a copy of the policy in accordance with section 45(2B) or 66J(5)).

(3)

If a tenant under a tenancy agreement that was entered into before subsection (2) comes into force requests the landlord to provide the information referred to in that subsection, the landlord must, within a reasonable time after receiving the request, provide the information in writing to the tenant.

(4)

If anything changes so that the information that was included in the tenancy agreement in accordance with subsection (2) or that was provided in accordance with subsection (3) or this subsection is no longer correct, the landlord must provide the correct information in writing to the tenant within a reasonable time after the landlord becomes aware of the change.

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): repealed, on 12 December 2018, by section 5 of the Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018 (2018 No 44).

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(1A)(c): repealed, on 1 July 2019, by section 4(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

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(1CA): inserted, on 1 July 2019, by section 4(2) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 13A(1CB): inserted, on 1 July 2019, by section 4(2) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

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

Section 13A(1D): amended, on 1 July 2019, by section 4(3) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 13A(1DA): inserted, on 31 July 2019, by section 5(2) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 13A(1DB): inserted, as section 13A(1DA), on 1 July 2019, by section 4(4) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 13A(1DB) subsection number: replaced, on 31 July 2019, by section 5(1) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 13A(1E): replaced, on 1 July 2019, by section 4(5) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

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

Section 13A(1F)(a): amended, on 27 August 2019, by section 5(3) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 13A(1F)(a): amended, on 1 July 2019, by section 4(6) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 13A(1F)(b): amended, on 27 August 2019, by section 5(3) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 13A(1F)(b): amended, on 1 July 2019, by section 4(6) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 13A(2): replaced, on 27 August 2019, by section 5(4) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 13A(3): inserted, on 27 August 2019, by section 5(4) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 13A(4): inserted, on 27 August 2019, by section 5(4) of the Residential Tenancies Amendment Act 2019 (2019 No 37).