Australian Capital Territory Numbered Regulations

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RESIDENTIAL TENANCIES AMENDMENT REGULATION 2022 (NO 1) (NO 16 OF 2022) - REG 13

Exemptions—other reasons

    (1)     A lessor of premises under a residential tenancy agreement is not required to comply with the minimum ceiling insulation standard if 1 or more of the following applies:

        (a)     the tenant tells the lessor in writing that the tenant does not want ceiling insulation installed in the premises;

        (b)     before entering into the residential tenancy agreement, the lessor tells the tenant in writing that the lessor intends to demolish all of the premises, or a substantial part of the premises, within 2 years after the day the lessor enters into the agreement;

        (c)     the residential tenancy agreement is for a fixed term of 12 months or less and the tenant is the former owner of the premises;

        (d)     the premises are a unit under the Unit Titles Act 2001

on the top storey of a building and the lessor has written confirmation from the owners corporation for the building that the corporation—

              (i)     intends to arrange for required ceiling insulation to be installed in parts of the building, including the required area of the premises; or

              (ii)     refuses permission for the lessor to install required ceiling insulation.

    (2)     The Minister may determine other reasons for exempting a lessor from complying with the minimum ceiling insulation standard.

    (3)     A determination is a notifiable instrument.



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