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Do landlords have to provide curtains under Healthy Homes?

Key Takeaway

Landlords are not always explicitly required to provide curtains under the Healthy Homes Standards. However, if windows do not meet specific insulation levels, landlords must provide thermally insulating coverings, such as curtains, that cover the entire window and have reasonable thermal resistance, to meet the insulation standard for habitable rooms.

Do Landlords Have to Provide Curtains Under Healthy Homes?

The Healthy Homes Standards were introduced to ensure rental properties are warm, dry, and healthy for tenants in New Zealand. While there isn't a direct requirement for landlords to provide curtains for every window, the standards do mandate that properties meet an Insulation Standard, which often necessitates the provision of thermally insulating window coverings, such as curtains, if the windows themselves do not meet specific insulation requirements.

The Insulation Standard and Glazed Areas

The Insulation Standard within the Residential Tenancies (Healthy Homes Standards) Regulations 2019 requires rental properties to have adequate thermal insulation. Thermal insulation refers to materials or structures designed to reduce the transfer of heat, helping to keep homes warm in winter and cool in summer [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Part 1].

For habitable rooms (any room, other than a kitchen or bathroom, that can be used for activities of daily living, such as a living room or bedroom), specific requirements apply to glazing, which refers to windows and other transparent or translucent material used in frames [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Part 3, cl 11(1), cl 10].

Requirements for Thermally Insulating Coverings

If the glazing in a habitable room does not meet certain minimum thermal insulation levels on its own, then the room must have an appropriate thermally insulating covering [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Part 3, cl 11(3)].

An appropriate thermally insulating covering, which commonly includes curtains, drapes, or blinds, must meet the following criteria:

  • Affixed to the Window Frame: It must be securely attached to the window frame [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Part 3, cl 12(a)].
  • Cover the Entire Window: The covering must be large enough to cover the entire glazed area of the window [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Part 3, cl 12(b)].
  • Reasonable Thermal Resistance: It must possess a reasonable thermal resistance, meaning it is effective at reducing heat transfer. This typically implies coverings with a separate lining or a thick, insulating material [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Part 3, cl 12(c)].

Therefore, while curtains are not universally mandated for all windows, they become a legal requirement when a window does not meet the prescribed insulation levels, and the curtains must meet the specified criteria to provide adequate thermal insulation.

Exemptions

There are limited exemptions to these requirements. For example, some rooms may be exempt if they are not reasonably able to be fitted with an appropriate thermally insulating covering, or if the property is a new build and meets the building code requirements for insulation at the time of construction [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Part 3, cl 13; Part 4, cl 14].

Compliance Deadlines

Landlords must ensure their rental properties comply with all Healthy Homes Standards, including the Insulation Standard, by specific deadlines, depending on when the tenancy started or was renewed. Generally, this is 90 days after a new or renewed tenancy begins on or after 1 July 2021, or by 1 July 2024 for all rental homes [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Regulation 4].

Non-compliance with the Healthy Homes Standards can result in financial penalties imposed by the Tenancy Tribunal [Source: Residential Tenancies Act 1986, s 109(3A)].

When to Seek Independent Legal Advice

Navigating the specifics of the Healthy Homes Standards can be complex. For detailed information specific to a particular property or situation, it is recommended that landlords and tenants consult official government resources or seek advice from a legal professional. Independent advice can be obtained from organisations such as Tenancy Services or Community Law Centres.

Key Resources