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Will increasing the rent give rise to a mandatory obligation to disclose insurance details

Thursday, October 10, 2019

This week's question comes from Peter (paraphrased):  

In the case of an ongoing periodic tenancy that started before 27th August 2019, does the landlord's obligation to disclose insurance details to tenants become mandatory after a rent increase?

To answer this question, we've turned to Kristine King from Duncan King Law.

'Section 13A(F) requires that the insurance statement is included in new tenancy agreements from when the Act came into force.

For existing tenancies, the information or statement is only required if a tenant requests.

13A (1CB) of the Act deals with the Healthy Homes statement / Insulation statement when any tenancy is “varied and renewed”.

The terms varied and renewed are not defined in the Act.

It appears that 13A(1CB) doesn’t apply to the insurance statement. However, we would recommend that any renewal or variation of the term from now on be treated as a variation and renewal and the insurance statement should be supplied along with HHS Intention statement and Insulation statement.'

Do you have any tenancy related questions? Write to us at admin@apia.org.nz or hit us up on our social channels here and here

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