NSWIn ForceRegulation
Residential Tenancies Regulation 2019
8Disclosure of information to tenants generally—s 26(1) of Act
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#### 8 Disclosure of information to tenants generally—s 26(1) of Act
8 Disclosure of information to tenants generally—s 26(1) of Act
> > (1) For the purposes of section 26(1) of the Act, the following material facts are prescribed—
> >
> > > (a) the residential premises have been subject to flooding from a natural weather event or bush fire within the last 5 years,
> >
> > > (b) the residential premises are subject to significant health or safety risks that are not apparent to a reasonable person on inspection of the premises,
> > >
> > > Note.
> > >
> > > Disclosure under this provision does not affect the legal obligations of the landlord with respect to the residential premises.
> >
> > > (c) the residential premises are listed on the LFAI Register,
> >
> > > (d) the residential premises have been the scene of a serious violent crime within the last 5 years,
> >
> > > (e) the residential premises have been used for the purposes of the manufacture or cultivation of any prohibited drug or prohibited plant within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) within the last 2 years,
> >
> > > (f) any council waste services that will be provided to the tenant on a different basis than is generally applicable to residential premises within the area of the council,
> >
> > > (g) the tenant will not be able to obtain a residential parking permit in an area where only paid parking is provided because of the zoning of the land or another law applying to development on the land,
> >
> > > (h) the existence of a driveway or walkway on the residential premises which other persons are legally entitled to share with the tenant,
> >
> > > (i) if the premises comprise or include a lot in a strata scheme—scheduled rectification work or major repairs (including replacement of roofing, guttering or fences) to be carried out to common property during the fixed term of the residential tenancy agreement,
> >
> > > (j) the residential premises are part of a building in relation to which—
> > >
> > > > (i) a notice of intention to issue a fire safety order, or a fire safety order, has been issued requiring rectification of the building regarding external combustible cladding, or
> > >
> > > > (ii) a notice of intention to issue a building product rectification order, or a building product rectification order, has been issued requiring rectification of the building regarding external combustible cladding,
> > >
> > > > (iii) a development application or complying development certificate application has been lodged for rectification of the building regarding external combustible cladding.
>
> > (2) In this clause—
> >
> > building product rectification order has the same meaning as in the [Building Products (Safety) Act 2017](/view/html/inforce/current/act-2017-069).
> >
> > external combustible cladding has the same meaning as in the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557).
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> > fire safety order has the same meaning as in the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557).
> >
> > serious violent crime includes murder, manslaughter, sexual assault or aggravated assault.