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tenancy

Can tenants opt out of Healthy Homes upgrades?

Key Takeaway

Tenants cannot opt out of Healthy Homes upgrades. Landlords have a mandatory legal obligation to ensure their rental properties meet the Healthy Homes Standards by the required dates, regardless of tenant preference. Any agreement seeking to override these standards is generally void under New Zealand law. Tenants must provide reasonable access for compliance work.

Healthy Homes Standards and Tenant Opt-Out Rights

In New Zealand, the Healthy Homes Standards (HHS) set minimum requirements for insulation, heating, ventilation, moisture ingress and drainage, and draught stopping in rental properties. These standards are mandatory for landlords to ensure all rental homes are warm, dry, and healthy for tenants.

What are the Healthy Homes Standards?

The Healthy Homes Standards (HHS) are specific requirements for rental properties in New Zealand designed to ensure they are warm, dry, and healthy. These standards cover five key areas:

  • Heating: A fixed heater capable of heating the main living area to at least 18°C.
  • Insulation: Minimum levels for ceiling and underfloor insulation.
  • Ventilation: Extractor fans in kitchens and bathrooms, and openable windows in all habitable rooms.
  • Moisture Ingress and Drainage: Proper drainage and ground moisture barriers to prevent dampness.
  • Draught Stopping: Elimination of unreasonable gaps and holes in walls, ceilings, floors, windows, and doors that cause draughts.

Mandatory Compliance for Landlords

Landlords have a legal obligation to ensure their rental properties comply with the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 45(1)(bb); Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 7].

For private rentals, compliance must be met by specific dates:

  • Within 90 days of any new or renewed tenancy agreement signed on or after 1 July 2021 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 7(1)(a)].
  • For all private rentals, regardless of when the tenancy started, compliance must be met by 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 7(1)(b)].

Can Tenants Opt Out of Healthy Homes Upgrades?

No, tenants cannot opt out of Healthy Homes upgrades. The Residential Tenancies Act 1986 (RTA), which is the primary legislation governing residential tenancies in New Zealand, establishes mandatory obligations for landlords to comply with building, health, and safety standards, which include the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 45(1)(bb)].

Any agreement between a landlord and tenant that attempts to contract out (agree to terms that differ from or override the provisions of a statute) of the RTA, or to waive (voluntarily relinquish or abandon a known right or privilege) a tenant's rights or a landlord's obligations under the RTA, is generally void [Source: Residential Tenancies Act 1986, s 11]. This means that even if a tenant agrees in writing not to have certain upgrades, such an agreement would likely be unenforceable, and the landlord would still be legally required to comply with the Healthy Homes Standards.

Landlords are also required to provide and maintain the premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(c)]. The Healthy Homes Standards are an integral part of ensuring rental properties meet these requirements.

Tenant's Role in Upgrades

While tenants cannot opt out, they do have a role to play in facilitating the upgrades. Tenants are required to provide the landlord with reasonable access to the premises to carry out necessary repairs and inspections [Source: Residential Tenancies Act 1986, s 48]. This includes access for Healthy Homes assessments and the installation of required upgrades.

However, landlords must give proper notice before entering the property. Generally, at least 24 hours' notice is required for inspections, and 24 to 48 hours' notice for work that does not involve substantial interference with the tenant's occupation, and the entry must be between 8 am and 7 pm [Source: Residential Tenancies Act 1986, s 48(2)].

Consequences of Non-Compliance for Landlords

If a landlord fails to comply with the Healthy Homes Standards, they may face significant penalties. If a tenant believes their landlord is not complying with the standards, they can issue a 14-day notice to remedy (a formal written notice requiring the landlord to fix a breach of the agreement or the RTA within 14 days) [Source: Residential Tenancies Act 1986, s 62].

If the landlord does not remedy the breach within the specified time, the tenant can apply to the Tenancy Tribunal (a judicial body that resolves disputes between landlords and tenants in New Zealand) for a resolution [Source: Residential Tenancies Act 1986, s 77]. The Tenancy Tribunal can order the landlord to comply and may also impose financial penalties. For example, failing to comply with the Healthy Homes Standards can result in a pecuniary penalty of up to $7,200 [Source: Residential Tenancies Act 1986, s 109A, Schedule 1A, Part A, Item 2].

When to Seek Independent Legal Advice

For specific questions about individual tenancy situations, including rights and obligations regarding Healthy Homes Standards, or if a dispute arises, it is recommended that individuals seek independent legal advice. Information on tenancy matters is available from Tenancy Services, and Community Law Centres offer free legal advice and assistance across New Zealand: https://communitylaw.org.nz/.

Key Resources