26Disclosure of information to tenants generally

26 Disclosure of information to tenants generally

26 Disclosure of information to tenants generally

(1) False representations A landlord or landlord’s agent must not induce a tenant to enter into a residential tenancy agreement by any statement, representation or promise that the landlord or agent knows to be false, misleading or deceptive or by knowingly concealing a material fact of a kind prescribed by the regulations.

(2) Disclosure of sale, mortgagee actions A landlord or landlord’s agent must disclose the following to the tenant before the tenant enters into the residential tenancy agreement—

(a) any proposal to sell the residential premises, if the landlord has prepared a contract for sale of the residential premises,

(b) that a mortgagee is taking action for possession of the residential premises, if the mortgagee has commenced proceedings in a court to enforce a mortgage over the premises.

(2A) Disclosure or provision of strata scheme information If the residential tenancy agreement relates to residential premises that comprise or include a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 2015)—a landlord or landlord’s agent must, before the tenant enters into the residential tenancy agreement—

(a) give the tenant a copy of the by-laws for the strata scheme, and

(b) if a strata renewal committee is currently established in relation to the strata scheme under the Strata Schemes Development Act 2015, disclose that fact to the tenant.

(3) Subsections (2) and (2A)(b) do not apply to a landlord’s agent unless the agent is aware of the matters required to be disclosed.

(4) Information statement to be given A landlord or landlord’s agent must give a tenant an information statement in the approved form before the tenant enters into the residential tenancy agreement.

Maximum penalty—20 penalty units.

s 26: Am 2018 No 58, Sch 1[2] [3].