Landlord Disclosure: What They Must Tell You Before You Sign
Before you agree to a tenancy, the landlord must give you certain information — clearly, honestly, and in writing. This isn’t optional. Disclosure protects you from hidden problems, unsafe conditions, and surprises that could cost you money or put you at risk. Here’s exactly what they must tell you, what they often don’t tell you, and how to protect yourself.
What the Law Requires Landlords to Disclose
Landlords must provide accurate, written disclosure about:
1. The identity of the landlord
You must be told:
- The landlord’s full name
- An address for service
- Contact details for urgent repairs
- Whether an agent or property manager is acting on their behalf
If they refuse to give this, that’s a major red flag.
2. Insurance Information
Landlords must disclose:
- Whether the property is insured
- What the insurance covers
- What excess you may be liable for if you cause damage
If they fail to disclose this, you cannot be held liable for any insurance excess.
3. Healthy Homes Compliance
They must provide:
- A Healthy Homes Standards compliance statement
- The current status of each standard
- Any planned work and expected completion dates
If they don’t provide this, the tenancy agreement is incomplete.
4. Asbestos Information (If Applicable)
If the landlord knows the property contains asbestos, they must disclose:
- The presence of asbestos
- The location
- Any asbestos management plan
Failure to disclose known asbestos is a serious breach.
5. Previous Meth Contamination (If Known)
If the landlord knows or suspects meth contamination, they must disclose:
- Test results
- Remediation details
- Any ongoing monitoring
They do not have to test — but if they know, they must tell you.
What They Often Try to Hide (But Must Disclose)
Some landlords conveniently “forget” to mention:
- Past flooding
- Structural issues
- Ongoing leaks
- Neighbour disputes
- Pending insurance claims
- Unconsented building work
- Previous Tribunal orders against them
If they know about it and it affects your tenancy, they must disclose it.
What They Do NOT Have to Disclose
Landlords are not required to tell you:
- Why the previous tenant left
- Their personal opinions about neighbours
- Their financial situation
- Their future plans for the property (unless it affects your tenancy)
But if they mislead you, that’s a breach.
If They Fail to Disclose Something Important
You can:
- Apply to the Tenancy Tribunal
- Seek compensation
- Seek exemplary damages
- Request a work order
- Request termination if the issue is serious enough
Tribunal decisions are clear: If the landlord knew and didn’t tell you, they’re liable.
How to Protect Yourself Before Signing
- Ask for all disclosure in writing
- Request the Healthy Homes statement early
- Ask directly about leaks, flooding, mould, and structural issues
- Request insurance details
- Keep copies of everything
- Never rely on verbal assurances
If they refuse to disclose something, assume the worst.
Summary
Landlord disclosure isn’t a courtesy — it’s a legal requirement. You deserve to know exactly what you’re walking into.
A landlord must tell you:
- Who they are
- Whether the property is insured
- The Healthy Homes status
- Any known asbestos
- Any known meth contamination
- Any issue that could materially affect your tenancy
If they hide something, you have strong legal grounds to challenge it.
