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tenancy

Choosing the right size heat pump for a rental

Key Takeaway

Landlords must provide a fixed heater in the main living room of a rental property that can heat the room to at least 18°C. The required heating capacity, often met by a heat pump, is determined by a specific assessment tool considering factors like room size and insulation. All rental properties must comply with these Healthy Homes Standards by 1 July 2024.

Understanding Heat Pump Requirements in New Zealand Rental Properties

In New Zealand, landlords have specific obligations regarding heating in rental properties under the Residential Tenancies Act 1986 (RTA) and the Residential Tenancies (Healthy Homes Standards) Regulations 2019. These regulations include a heating standard designed to ensure rental homes are warm and dry.

The Landlord's Obligation to Provide Heating

Landlords are required to ensure that a rental property has one or more fixed heaters that can directly heat the main living room to at least 18°C [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 6(1)]. The main living room is defined as the largest room in the house primarily used for general everyday living, recreation, or dining, or a combination of those things, regardless of whether it is open plan or not [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 4].

Determining the Required Heating Capacity (Choosing the Right Size)

To determine the minimum heating capacity required for a rental property, landlords must either use a heating assessment tool provided by the Ministry of Business, Innovation and Employment (MBIE) or apply a specific formula [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, Part 1, clause 1]. This tool calculates the necessary heating capacity in kilowatts (kW) based on various factors, including:

  • The size of the main living room.
  • The climate zone where the property is located.
  • The level of insulation in the walls, ceiling, and floor.
  • The amount and type of window glazing [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, Part 1, clause 2].

A heat pump is an acceptable form of heating, provided it meets the calculated heating capacity requirements for the main living room [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, Part 2]. Certain types of heaters are prohibited or restricted, such as unflued combustion heaters (unless specific conditions are met) or those with a rated heating capacity of less than 1.5 kW [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, Part 2, clause 3].

Compliance Timeframes for Healthy Homes Standards

Landlords must ensure their rental properties comply with the heating standard within specific timeframes:

  • From 1 July 2021, landlords must include a statement of current compliance or intent to comply with the Healthy Homes Standards in any new or renewed residential tenancy agreement (a legally binding contract between a landlord and tenant that sets out the terms and conditions of a tenancy) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 19(2)].
  • Generally, all private rental properties must comply with the Healthy Homes Standards within 90 days of any new or renewed tenancy agreement signed after 1 July 2021, or by 1 July 2024, whichever comes first. All private rental properties must be compliant by 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 20(1), reg 20(2)].

Landlord's General Obligations for Maintenance

Beyond providing an adequately sized heat pump, landlords have a general obligation under the RTA to maintain the premises in a reasonable state of repair. This includes ensuring all fixtures, such as heat pumps, are kept in good working order and complying with all building, health, and safety requirements [Source: Residential Tenancies Act 1986, s 45(1)(c), s 45(1)(ca)].

Tenant's Responsibilities Regarding Heating

Tenants also have obligations under the RTA, which include keeping the premises reasonably clean and tidy, and notifying the landlord of any damage or necessary repairs [Source: Residential Tenancies Act 1986, s 40(1)(a), s 40(1)(d)]. Tenants must also not intentionally or carelessly damage the premises or permit others to do so [Source: Residential Tenancies Act 1986, s 40(2)(b)]. This applies to any provided heating appliances.

Exemptions to the Heating Standard

Certain exemptions to the heating standard may apply. For example, an exemption may exist if a property genuinely has no main living room, or if a landlord can demonstrate that it is not reasonably practicable to install a compliant heater due to the unique nature of the property (e.g., if it is part of a larger building with a shared heating system that meets the standard) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 7(1), reg 7(2)].

When to Seek Independent Legal Advice

For specific guidance on the application of the Healthy Homes Standards to a particular property, interpreting legal obligations, or resolving disputes related to heating in rental properties, property owners and tenants can seek assistance from Tenancy Services, a lawyer specialising in tenancy law, or a Community Law Centre for free legal information. It is important to remember that this information is general in nature and not a substitute for personalised legal advice. Community Law Centres provide free legal assistance and information to those who qualify. They can be found at https://communitylaw.org.nz/.

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