Managing insulation requirements

Lynette asks:
(updated on Monday, April 10th 2017)

My property manager has gone ahead and had my property inspected for insulation requirements. They have emailed me a Statement of Insulation from an authorised provider. This fee will be passed on to me. The property is currently untenanted so a new tenancy will commence as soon as someone is found.

I never consented to this inspection or cost as I already knew the property met insulation and fire alarm requirements and informed the property manager accordingly. I also sent a copy of my property file from the council which states the level of insulation. Is it compulsory to have this Statement of Insulation provided by an authorised provider or can it be a personal statement from the landlord to be included in the new agreement?

 

Our Experts Answer:

As a result of a change to the Residential Tenancies Act last year, a landlord must specify on any new tenancy agreement the level of insulation that is installed. Your property manager may have engaged the inspections for a number of properties including yours. Even if a house is adequately insulated when built, it may not satisfy the current specifications that will be compulsory on 1 July 2019.

However, if you have already supplied the information that is needed and it complies with today’s building code, I can see no reason why the property manager should need to re-inspect the insulation without your agreement. Your property manager is your agent, and they are required to act in your interests. Your contract with the property manager will probably define the delegated authority that you have given for arranging maintenance.

I suggest you speak with your property manager and clarify why they considered the inspection needed to be done.

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