Ground Moisture Barriers in New Zealand Rental Properties
Ground moisture barriers are an important component of the Healthy Homes Standards in New Zealand, designed to ensure rental properties are warm and dry. These barriers help prevent moisture from the ground from rising into the home, which can contribute to dampness, mould, and colder indoor temperatures. This article outlines when ground moisture barriers are required and the associated legal obligations.
What is a Ground Moisture Barrier?
A ground moisture barrier is a continuous, impermeable sheet material (such as polythene) installed on the ground within an enclosed subfloor space (the area beneath the floor of a building but above the ground) to prevent moisture from evaporating from the soil and entering the dwelling [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 13].
When are Ground Moisture Barriers Required?
Ground moisture barriers are required under the Healthy Homes Standards (a set of minimum standards for heating, insulation, ventilation, moisture ingress and drainage, and draught stopping in rental properties) [Source: Residential Tenancies Act 1986, s 45(1)(bb); Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 9].
Specifically, a rental property must have a ground moisture barrier if:
- It has an enclosed subfloor space [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 13(1)(a)].
- There is reasonable access to install the barrier [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 13(1)(b)].
If these conditions are met, the ground moisture barrier must:
- Be impermeable to moisture [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 13(2)(a)].
- Cover all of the unpaved ground within the subfloor space [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 13(2)(b)].
- Have a minimum R-value (a measure of thermal resistance) of at least R1.3 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, clause 1.2(c)].
There are some exceptions where a ground moisture barrier may not be required, such as if the subfloor space is fully concrete or if there is no enclosed subfloor space (e.g., a slab-on-ground construction) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 13(3)].
Landlord Obligations
Landlords have a legal obligation to ensure their rental properties comply with the Healthy Homes Standards, including the requirements for ground moisture barriers [Source: Residential Tenancies Act 1986, s 45(1)(bb)].
Key obligations include:
- Compliance Deadlines: Landlords must ensure their rental properties comply with the Healthy Homes Standards by specific dates, which vary depending on when the tenancy began or was renewed. Generally, all rental homes must comply by 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 3].
- Maintenance: Landlords must maintain the premises, including any ground moisture barrier, in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(c)].
- Compliance Statement: When a new tenancy agreement is signed, landlords must provide a statement of their current level of compliance with the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 45(1)(ca)].
Tenant Rights and Responsibilities
Tenants have the right to live in a property that meets the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 45(1)(bb)]. If a tenant believes their rental property does not meet the standards, they can:
- Notify the Landlord: Tenants should notify their landlord in writing about any issues or concerns regarding the property's condition, including potential non-compliance with healthy homes standards [Source: Residential Tenancies Act 1986, s 44(1)(c)].
Tenants also have responsibilities, including:
- Not Causing Damage: Tenants must not intentionally or carelessly damage the premises [Source: Residential Tenancies Act 1986, s 42(1)(b)].
Enforcement and Remedies
If a landlord fails to meet their obligations regarding ground moisture barriers or other Healthy Homes Standards, tenants may apply to the Tenancy Tribunal for an order requiring compliance or seeking compensation [Source: Residential Tenancies Act 1986, s 77]. The Tenancy Tribunal can make various orders, including ordering the landlord to carry out work or pay a penalty.
When to Seek Independent Legal Advice
When a person requires specific guidance on their individual circumstances, understanding their rights and obligations, or assistance with a Tenancy Tribunal application regarding ground moisture barriers or other tenancy matters, it is recommended that they seek independent legal advice. Community Law Centres across New Zealand provide free legal information and advice, and further assistance can be obtained from qualified legal professionals.