(1)
In determining whether insulation is in reasonable condition (or better), the following matters must be taken into account:
the extent to which the performance of the insulation is compromised by any aspect of its condition:
the extent of any dampness, damage, degradation, or displacement:
the condition of any materials or other items that are ancillary to the insulation’s installation (for example, strapping or staples).
(2)
Without limiting subclause (1), ceiling insulation is not in reasonable condition if the minimum thickness of the insulation material is less than 120 mm.
(3)
However, subclause (2) does not apply if the landlord proves that—
the insulation’s R-value, when it was installed, was the value specified in regulation 14(1)(a)(i) or (ii) (as applicable); and
the current thickness of the insulation material is 70% or more of its thickness when it was installed (even if its current thickness is less than 120 mm).
(4)
This regulation is not an exhaustive statement of the matters that may be taken into account.