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tenancy

Do landlords have to provide appliances?

Key Takeaway

New Zealand landlords are generally not legally required to provide specific appliances in a rental property. If appliances are supplied, they become part of the tenancy agreement and must be maintained by the landlord in reasonable working order. Both parties have responsibilities regarding their use and care, as outlined in the tenancy agreement and the Residential Tenancies Act 1986.

Landlord's Obligation to Provide Appliances in New Zealand Residential Tenancies

In New Zealand, the question of whether a landlord must provide appliances in a rental property is primarily determined by the terms of the specific tenancy agreement, rather than a general legal requirement under the Residential Tenancies Act 1986 (the Act).

No General Legal Requirement to Provide Appliances

The Residential Tenancies Act 1986, which is the primary legislation governing residential tenancies in New Zealand, does not impose a general legal obligation on landlords to provide specific appliances such as ovens, refrigerators, washing machines, or dishwashers [Source: Residential Tenancies Act 1986]. The decision to include appliances is typically a matter for negotiation between the landlord and prospective tenant before the tenancy commences.

Appliances Included in the Tenancy Agreement

If a landlord agrees to provide appliances as part of the tenancy, these appliances must be clearly listed in the written tenancy agreement (the legally binding contract between a landlord and tenant that sets out the terms and conditions of a tenancy) [Source: Residential Tenancies Act 1986, s 13]. Once included, these items become part of the premises for the duration of the tenancy, and the landlord assumes specific responsibilities for them.

Landlord's Responsibilities for Provided Appliances

When appliances are supplied by the landlord and included in the tenancy agreement, the landlord has obligations concerning their condition and maintenance:

  • Initial Condition: At the start of the tenancy, any appliances provided must be in a reasonable state of repair and cleanliness [Source: Residential Tenancies Act 1986, s 45(1)(a)]. This means they should be working as expected and be clean.
  • Maintenance and Repair: The landlord must maintain the premises, including any provided appliances, in a reasonable state of repair throughout the tenancy [Source: Residential Tenancies Act 1986, s 45(1)(c)]. If a provided appliance breaks down through normal use, the landlord is generally responsible for its repair or replacement in a timely manner.
  • Health and Safety: Landlords must comply with all requirements relating to buildings, health, and safety under any relevant enactment, as far as they apply to the premises [Source: Residential Tenancies Act 1986, s 45(1)(d)]. This includes ensuring that any electrical appliances provided are safe to use and comply with electrical safety standards.

Tenant's Responsibilities for Provided Appliances

Tenants also have responsibilities regarding appliances provided by the landlord:

  • Proper Use: A tenant must use the premises and any appliances supplied by the landlord carefully and for a lawful purpose [Source: Residential Tenancies Act 1986, s 42(1)(c)].
  • Reasonable Cleanliness: Tenants must keep the premises reasonably clean [Source: Residential Tenancies Act 1986, s 42(1)(a)]. This extends to keeping provided appliances clean.
  • Reporting Issues: Tenants should promptly notify the landlord of any damage or need for repair to the premises, including provided appliances [Source: Residential Tenancies Act 1986, s 42(1)(d)].
  • Damage: Tenants are liable for damage caused to the premises (including appliances) by their intentional or careless acts or omissions, or by the acts or omissions of people they allow on the property [Source: Residential Tenancies Act 1986, s 49B]. If an appliance is damaged due to the tenant's negligence or misuse, the tenant may be responsible for the cost of repair or replacement, subject to certain limits [Source: Residential Tenancies Act 1986, s 49B(2)].

Importance of the Tenancy Agreement

To avoid disputes, it is crucial that the tenancy agreement clearly lists all appliances included in the rental and specifies their condition at the start of the tenancy. An inventory, often with photos, can be useful to document the condition of appliances at the beginning and end of the tenancy.

When to Seek Independent Legal Advice

Individuals seeking to understand their specific rights and obligations regarding appliances in a residential tenancy, or who are involved in a dispute over appliance provision or maintenance, should consider seeking independent legal advice. Information and assistance can be obtained from Tenancy Services, Citizens Advice Bureau, or by contacting Community Law Centres for free legal advice [https://communitylaw.org.nz/].

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