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tenancy

Can a tenant demand a Healthy Homes compliance report?

Key Takeaway

Tenants in New Zealand have a right to receive a Healthy Homes Standards statement from their landlord, detailing the property's compliance with the standards. This statement must be provided at the start of a new tenancy or upon request if one hasn't been given for an existing tenancy. Landlords must also keep records demonstrating compliance.

Understanding Healthy Homes Standards and Tenant Rights

The Healthy Homes Standards are specific requirements designed to ensure rental properties in New Zealand are warm, dry, and safe. These standards address five key areas: heating, insulation, ventilation, moisture ingress and drainage, and draught stopping. Landlords have a legal obligation to ensure their rental properties comply with these standards [Source: Residential Tenancies Act 1986, s 45(1)(bb); Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 6].

Landlord's Obligation for Compliance and Statements

All rental properties must comply with the Healthy Homes Standards. Different compliance dates apply depending on the tenancy type and when it started. For example, all private rental properties must comply within 90 days of any new or renewed tenancy starting on or after 1 July 2021 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 6(2)]. By 1 July 2024, all private rental properties must comply, regardless of when the tenancy started [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 6(1)].

Healthy Homes Standards Statement

While a tenant cannot explicitly demand a full, independent Healthy Homes compliance report, they do have a right to receive a "healthy homes standards statement" from their landlord. This statement is a declaration specifying the current level of compliance with each of the Healthy Homes Standards [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 15].

Specifically:

  • For new or renewed tenancy agreements: A landlord must include a healthy homes standards statement with any new tenancy agreement. This statement must specify the extent to which the rental property complies with the Healthy Homes Standards at the commencement of the tenancy [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 15(1), (2)].
  • For existing periodic tenancies: If a healthy homes standards statement has not been provided to the tenant for a periodic tenancy, the landlord must provide one to the tenant upon request [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 15(3)].

This statement serves as the official confirmation from the landlord regarding the property's compliance status. It must clearly indicate whether the property complies with each standard or, if not, which standards are not met [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 15(2)].

Landlord Record-Keeping Requirements

Landlords are required to keep records that demonstrate how they have complied, or are complying, with the Healthy Homes Standards. These records must be kept for the duration of the tenancy and for 12 months after it ends [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 15(4)]. While these records support the landlord's statement of compliance, the regulations do not grant a tenant an explicit right to demand access to all these underlying records or a specific third-party assessment report.

Consequences of Non-Compliance

If a landlord fails to provide the required healthy homes standards statement, or if the property does not comply with the Healthy Homes Standards by the applicable compliance date, they may be subject to penalties. A tenant can apply to the Tenancy Tribunal, which is a judicial body that resolves disputes between landlords and tenants, to enforce the landlord's obligations [Source: Residential Tenancies Act 1986, Part 4]. The Tenancy Tribunal can order the landlord to comply, pay compensation to the tenant, or impose an exemplary damages award for breaches of the Act and regulations [Source: Residential Tenancies Act 1986, s 109].

When to Seek Independent Legal Advice

It is advisable for individuals to seek independent legal advice if they have specific questions about their tenancy rights and obligations, believe their landlord is not complying with Healthy Homes Standards, or if they are considering applying to the Tenancy Tribunal. This advice can be obtained from qualified legal professionals or Community Law Centres which offer free legal assistance.

Key Resources