Residential Tenancies (Healthy Homes Standards) Regulations 2019

32 Modified standard if landlord not owner of whole of tenancy building

(1)

This regulation modifies the landlord’s obligation under regulation 6 in certain situations where the landlord does not own the whole of the tenancy building and this impedes their ability to comply with the healthy homes standards.

(2)

This regulation applies if—

(a)

the premises are part only of the tenancy building; and

(b)

the landlord is not the sole owner of the whole of the tenancy building; and

(c)

complying with regulation 6 (in the absence of this regulation) would require—

(i)

something to be installed or provided in part of the building of which the landlord is not the sole owner; or

(ii)

the landlord (or a person acting on the landlord’s behalf) to access part of the building of which the landlord is not the sole owner; and

(d)

the matters referred to in paragraphs (a) to (c) impede the landlord’s ability to comply with regulation 6.

(3)

Regulation 6(2) applies as if—

(a)

“take all reasonable steps to” were inserted before “ensure” in each place; and

(b)

the following paragraph were inserted after paragraph (b):

“(ba)

if, despite paragraphs (a) and (b) being complied with, the premises or tenancy building does not meet a standard set out in any of subparts 2 to 6, take all reasonable steps to ensure that it meets that standard to the greatest extent reasonably practicable; and”.

Example

Mr L is the landlord of premises that are part of a unit title development. The required heating capacity for the main living room of the premises is 3 kW. The only reasonably practicable qualifying heater Mr L could install would be a fixed heat pump. However, the body corporate’s rules prohibit the installation of external heating units on common property without the consent of the body corporate.

Regulation 6(2)(a), as modified by this regulation, would require Mr L to take all reasonable steps to get consent from the body corporate to install the heat pump.

If Mr L were not able to get consent, paragraph (ba) would require him to comply with the heating standard to the greatest extent reasonably practicable, for example, by installing a different kind of qualifying heater that does not require an external unit, even if its heating capacity is less than the required 3 kW.