Health and safety obligations for landlords during repairs

Landlord Health and Safety Obligations During Repairs

Landlords of residential properties in New Zealand have a legal obligation to ensure their rental premises are safe and well-maintained. This responsibility extends to ensuring health and safety standards are met when repairs are being carried out.

General Duty to Maintain and Comply with Laws

A landlord must maintain the premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(c)]. This duty means that properties should be kept in a condition that is fit for habitation and free from hazards that could affect a tenant's health or safety. The standard of repair is assessed by considering the age and character of the premises [Source: Residential Tenancies Act 1986, s 45(1)(cb)].

Furthermore, landlords must comply with all requirements concerning buildings, health, and safety under any enactment (a law made by Parliament, such as an Act or Regulation) as far as they apply to the premises [Source: Residential Tenancies Act 1986, s 45(1)(d)]. This broad obligation links the Residential Tenancies Act 1986 to other critical legislation like the Health and Safety at Work Act 2015.

Health and Safety During Repair Work

When repairs are carried out, landlords often become Persons Conducting a Business or Undertaking (PCBU) under the Health and Safety at Work Act 2015 (HSWA). WorkSafe New Zealand guidance generally considers landlords who rent out residential properties on an ongoing basis to be PCBUs [Source: WorkSafe NZ guidance on Residential Tenancies and HSWA].

As a PCBU, a landlord has a primary duty of care to ensure, so far as is reasonably practicable (meaning what is reasonably able to be done, taking into account the likelihood and degree of harm, knowledge about the hazard, and the availability and suitability of control measures, balanced against the cost), the health and safety of:

Workers: Including any contractors or employees performing repair work [Source: Health and Safety at Work Act 2015, s 19(1)].
Other persons: Including tenants, who could be affected by the work being carried out [Source: Health and Safety at Work Act 2015, s 19(2)].

This duty means that during repairs, landlords must:

Identify and manage risks: Take steps to identify hazards and risks associated with the repair work and implement control measures to minimise these risks. This includes ensuring safe work methods are used and that the repair work itself does not create new hazards for tenants [Source: Health and Safety at Work Act 2015, s 30].
Provide a safe environment: Ensure the repair work is carried out in a way that protects the health and safety of anyone on the premises, including the tenant and their household [Source: Health and Safety at Work Act 2015, s 36].
Consult, cooperate, and coordinate: If multiple PCBUs are involved in the repair (e.g., a landlord and a contractor), they must consult, cooperate, and coordinate activities to ensure health and safety [Source: Health and Safety at Work Act 2015, s 46]. Landlords should ensure contractors are competent and have appropriate safety systems in place.
Not pass on costs: PCBUs must not charge workers or other persons for anything done or provided to comply with health and safety requirements [Source: Health and Safety at Work Act 2015, s 44].

Tenant Rights and Obligations During Repairs

While repairs are necessary, a landlord must respect the tenant's right to quiet enjoyment (the right to occupy the premises undisturbed by the landlord) [Source: Residential Tenancies Act 1986, s 45(1)(b)]. This means repair work should be conducted with minimal disruption to the tenant.

Landlords must give proper notice before entering the premises to carry out repairs. For routine repairs, 24 hours' written notice is typically required, and entry must be between 8 am and 7 pm [Source: Residential Tenancies Act 1986, s 48(2)(c)]. In emergencies, entry is permitted without notice [Source: Residential Tenancies Act 1986, s 48(1)(a)].

Tenants also have obligations during repairs, such as allowing the landlord or their agents to enter the premises at reasonable times to inspect the property or carry out necessary repairs, provided proper notice has been given [Source: Residential Tenancies Act 1986, s 46(1)(d)]. Tenants must also take reasonable steps to ensure their own health and safety, and not to harm others [Source: Health and Safety at Work Act 2015, s 45].

Healthy Homes Standards

The Residential Tenancies (Healthy Homes Standards) Regulations 2019 require rental properties to meet specific standards for heating, insulation, ventilation, moisture ingress and drainage, and draught stopping. If a property does not meet these standards, repairs or improvements will be necessary [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019]. The process of carrying out these repairs must also comply with the landlord's health and safety obligations under the RTA and HSWA.

Consequences of Non-Compliance

Failure to meet health and safety obligations under the Residential Tenancies Act 1986 or the Health and Safety at Work Act 2015 can result in enforcement action, including fines. For breaches of the Residential Tenancies Act, the Tenancy Tribunal can order landlords to remedy the breach or pay compensation. For breaches of the Health and Safety at Work Act, WorkSafe New Zealand can issue improvement notices, prohibition notices, or prosecute, leading to significant penalties [Source: Health and Safety at Work Act 2015, Parts 3 and 4].

When to Seek Independent Legal Advice

If you require specific clarification on your rights or obligations concerning a residential tenancy issue, it is recommended to seek independent legal advice. Information can be obtained from Tenancy Services, WorkSafe New Zealand, or a community law centre. Community Law Centres provide free legal advice and can be contacted at Community Law Centres.