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Decisions of Interest:  Rental property insulation compliance

The Insulation Regulations and Healthy Homes Standards both have insulation requirements. So, how do they work together for a landlord to achieve compliance under both sets of regulations?

This Decision of Interest investigates these questions and more.

Case Background

In this case, the central issue revolved around the landlord’s compliance with the 2016 Insulation Regulations.

The landlord’s Insulation Statement created confusion for the tenant, as it appeared contradictory, mentioning both completed underfloor insulation and ongoing work by contractors. This left the tenant uncertain about the actual status of the insulation.

Why is there Confusion?

The confusion stemmed from overlapping regulations, including Healthy Homes Standards, and the Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016.

Although all rental properties have been required to meet insulation standards since July 2019, the implementation of the Healthy Homes Standards varied based on the type of tenancy and start date.

Because of this, there can be a misconception of when exactly rental properties are required have to insulation. Is it at the commencement of the tenancy or is it when the Healthy Homes Standards apply?

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