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tenancy

Does the Healthy Homes Standard apply to boarding houses?

Key Takeaway

The Healthy Homes Standards generally do not apply to boarding house tenancies in New Zealand. Boarding houses are covered by specific sections of the Residential Tenancies Act 1986, which have different landlord obligations for cleanliness, repair, and health and safety, rather than the detailed Healthy Homes Standards.

Do Healthy Homes Standards Apply to Boarding Houses in New Zealand?

In New Zealand, the Healthy Homes Standards, which set minimum requirements for heating, insulation, ventilation, moisture ingress and drainage, and draught stopping in rental properties, generally do not apply to boarding house tenancies.

What are Healthy Homes Standards?

The Healthy Homes Standards are specific minimum standards for rental properties covering five key areas: heating, insulation, ventilation, moisture ingress and drainage, and draught stopping [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1]. These standards aim to ensure rental homes are warmer, drier, and healthier for tenants.

What is a Boarding House Tenancy?

A boarding house tenancy is defined under New Zealand law as a tenancy where: a tenant occupies a room in a boarding house; the landlord provides the tenant with separate sleeping accommodation; the landlord provides facilities for cooking, dining, and laundry shared by the tenants; and there are 6 or more tenants residing in the boarding house at any time [Source: Residential Tenancies Act 1986, s 5(1)]. A boarding house itself is defined as premises in which rooms are let to 6 or more tenants [Source: Residential Tenancies Act 1986, s 5(1)].

Why Healthy Homes Standards Do Not Apply to Boarding Houses

The application of the Residential Tenancies Act 1986 (RTA), the principal legislation governing residential tenancies, is modified for boarding house tenancies. Schedule 1A of the RTA lists specific provisions of the Act that do not apply to boarding house tenancies [Source: Residential Tenancies Act 1986, Schedule 1A].

Crucially, section 45 of the RTA, which outlines general responsibilities of landlords, including the implied warranty that the premises are fit for human habitation and the requirement to comply with all requirements in respect of buildings, health, and safety under any enactment [Source: Residential Tenancies Act 1986, s 45(1)(c)], does not apply to boarding house tenancies [Source: Residential Tenancies Act 1986, Schedule 1A, Part 1, clause 2(c)].

The Residential Tenancies (Healthy Homes Standards) Regulations 2019, which set out the Healthy Homes Standards, explicitly state that they apply to all residential tenancies to which section 45(1)(c) of the Act applies [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 3]. Since section 45(1)(c) does not apply to boarding house tenancies, the Healthy Homes Standards therefore do not apply to them.

Landlord Obligations for Boarding Houses

Despite the Healthy Homes Standards not applying, landlords of boarding houses still have specific obligations under the RTA to ensure the premises are maintained appropriately. These obligations include:

  • Reasonable Cleanliness and Repair: The landlord must provide the premises in a reasonable state of cleanliness and maintain them in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 66I(1)(a) & (b)].
  • Urgent Repairs: The landlord must, as soon as practicable, carry out any urgent repairs requested by the tenant [Source: Residential Tenancies Act 1986, s 66J(1)].
  • Compliance with Building, Health, and Safety Requirements: The landlord must comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the boarding house [Source: Residential Tenancies Act 1986, s 66K(1)].

Boarder Rights and Obligations

Boarders (tenants in a boarding house) also have obligations, such as keeping their room reasonably clean and tidy, ensuring common areas are reasonably clean and tidy, and notifying the landlord of any damage or need for repairs [Source: Residential Tenancies Act 1986, s 66N]. Boarders are responsible for any intentional or careless damage they cause to the premises [Source: Residential Tenancies Act 1986, s 66O].

When to Seek Independent Legal Advice

If a person requires clarification on their rights and obligations regarding a boarding house tenancy or other residential tenancy matters, or has concerns about the condition of a boarding house, they are advised to seek independent legal advice. Information can also be obtained from official government agencies such as Tenancy Services or Community Law Centres which provide free legal advice.

Key Resources