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Residential Tenancies Act 1997
12Lessor’s obligations
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12 Lessor’s obligations
(1) The lessor must give the tenant a copy of the proposed residential
tenancy agreement and, if they are not included in the copy of the
agreement, the standard residential tenancy terms, and allow the
tenant a reasonable time to consider the proposed agreement.
(2) A copy of a residential tenancy agreement provided under
subsection (1) that contains a provision that is inconsistent with a
standard residential tenancy term must be annotated in a way that
draws the attention of the tenant to the provision and the fact that it is
inconsistent with a standard residential tenancy term.
(3) The lessor must provide the tenant with the following information:
(a) the lessor’s full name;
(b) an address for service on the lessor and at which the lessor can
be contacted by the tenant;
(c) for the premises that are the subject of the proposed residential
(i) a copy of an energy efficiency rating statement (if any) for
the habitable part of the premises; or
(ii) a copy of a fresh energy efficiency rating statement for the
habitable part of the premises if—
(A) building work under the Building Act 2004, section 6
has been carried out on the premises that affects the
energy efficiency rating of the habitable part of the
(B) before the building work was carried out, an energy
efficiency rating statement had been prepared for the
habitable part of the premises;
(d) if the premises are crisis accommodation provided by a declared
crisis accommodation provider—a statement explaining that the
lessor can terminate the agreement on 4 weeks notice if the
lessor needs the premises to use as crisis accommodation for
someone other than the tenant;
(e) if there is an asbestos assessment report for the premises and the
lessor can obtain a copy of the report after taking reasonable
steps—a copy of the report;
(f) if there is no asbestos assessment report for the premises or the
lessor cannot obtain the asbestos assessment report for the
premises after taking reasonable steps—an asbestos advice for
the premises;
(g) a written statement that contains the following information:
(i) if the premises are required to comply with a minimum
housing standard—
(A) a statement about whether the premises comply; and
(B) if the premises do not comply with the standard—the
reason why the premises do not comply and the
proposed compliance date that the premises must
comply with the standard;
(ii) if the premises are exempt from complying with a
minimum housing standard—the reason for the exemption;
(h) if the tenant asks—a copy of any record required to be kept by
the lessor in accordance with section 19C (Lessor must keep
records about minimum housing standards);
(i) if section 8 (1) (c) applies—a statement explaining that the
lessor can terminate the agreement on 26 weeks notice if the
tenant does not apply for ongoing housing assistance within
6 weeks after the start of the temporary housing assistance;
(j) if section 8 (1) (e) applies—a copy of any subsidised
accommodation eligibility requirements;
(k) if the premises are a unit under the Unit Titles Act 2001—
(i) a unit title rental certificate given to the lessor under the
Unit Titles (Management) Act 2011, section 119; and
(ii) any changed information in relation to a unit title rental
certificate given to the lessor under the Unit Titles
(Management) Act 2011, section 119B;
(l) any other information prescribed by regulation.
asbestos advice means an advice notified under the Dangerous
Substances Act 2004, section 47M.
asbestos assessment report, for premises—see the Dangerous
Substances Act 2004, section 47K.
declared crisis accommodation provider means a crisis
accommodation provider declared under section 126.
proposed compliance date, in relation to premises that do not comply
with a minimum housing standard, means—
(a) if a regulation prescribes a period in which the premises must
comply—the end of the period; or
(b) in any other case—1 month after the day the residential tenancy
agreement for the premises is entered into.
subsidised accommodation eligibility requirements, in relation to
premises under a residential tenancy agreement, means any rule or
requirement against which—
(a) the tenant’s eligibility to live in the premises will be assessable
during the tenancy; or
(b) the lessor’s or owner’s eligibility to receive the government
funding or assistance in relation to the premises will be
assessable during the tenancy.
unit title rental certificate—see the Unit Titles (Management)
Act 2011, section 119 (1) (c).