The Residential Tenancies Act 1986 (RTA), the primary law governing residential tenancies in New Zealand, alongside the Residential Tenancies (Healthy Homes Standards) Regulations 2019, sets out rules for the quality of rental properties, including specific requirements for newly built rentals.
Healthy Homes Standards for Newly Built Rentals
Landlords of newly built residential rental properties must ensure their properties comply with the Healthy Homes Standards. A key distinction for newly built rentals often relates to their compliance timeframe and, in some cases, the insulation standard.
Compliance Timeframe
For a rental property where the building consent for its construction was applied for on or after 1 July 2019, landlords must ensure the property complies with the Healthy Homes Standards within 90 days of any new or renewed tenancy agreement [Source: Residential Tenancies Act 1986, s 45(1)(bb); Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 12(b)(ii)]. This is a faster compliance timeline compared to older properties.
The Healthy Homes Standards Components
The Healthy Homes Standards cover five key areas:
1. Heating Standard
Every rental property must have one or more fixed heaters that can directly heat the main living room to at least 18°C. The heating capacity required depends on the size of the room [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 7]. Newly built rentals must still meet this standard, often requiring an assessment of appropriate heating solutions.
2. Insulation Standard
This standard specifies minimum insulation levels for ceilings, walls, and underfloor areas. For newly built rental properties, a specific "deemed compliance" rule applies:
A rental property is deemed to comply with the insulation standard if the building consent for the residential rental property was applied for on or after 1 July 2019, and the ceiling and underfloor insulation meets the requirements of building code H1/AS1 or H1/VM1 (as they were in force on 1 July 2019) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 8(2)]. This means if the property was built to modern insulation standards, it may automatically satisfy the Healthy Homes insulation requirements.
3. Ventilation Standard
All habitable rooms (such as living rooms, dining rooms, and bedrooms) must have at least one window or door that opens to the outside and can be fixed in an open position. Additionally, kitchens and bathrooms must have an extractor fan that ventilates to the outside [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 9]. Newly built properties generally incorporate these features as part of current building code requirements.
4. Moisture Ingress and Drainage Standard
Rental properties must have efficient drainage for stormwater, surface water, and ground water, and the drainage system (including gutters, downpipes, and drains) must be in good working order. If a property has an enclosed subfloor space, it must have a ground moisture barrier installed [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 10]. Modern building practices typically address these aspects in new constructions.
5. Draught Stopping Standard
Landlords must ensure that the property does not have unreasonable draughts. This involves addressing gaps and holes in walls, ceilings, windows, floors, and doors that allow significant draughts [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 11]. Newly built properties are usually constructed to minimise draughts, but landlords still have an obligation to address any that arise.
Landlord Obligations
Landlords of newly built rental properties have several key obligations under the RTA and the Healthy Homes Standards:
- Compliance: Landlords must ensure the rental property complies with all Healthy Homes Standards within the specified timeframe (90 days for new tenancies where building consent was applied for on or after 1 July 2019) [Source: Residential Tenancies Act 1986, s 45(1)(bb); Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 12(b)(ii)].
- Healthy Homes Standards Statement: When entering into any new or renewed tenancy agreement, landlords must provide a Healthy Homes Standards statement. This statement outlines what standards the property meets and how it meets them, including any exemptions that apply [Source: Residential Tenancies Act 1986, s 13A(1)(cb)].
- Record Keeping: Landlords must keep records that demonstrate their compliance with the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 45(1)(f)].
Tenant Obligations
Tenants also have obligations relating to Healthy Homes Standards:
- Cooperation: Tenants must not hinder the landlord from meeting their obligations under the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 42(1)(d)].
- Access: Tenants must allow the landlord reasonable access to the property to undertake inspections and necessary work to comply with the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 48].
When to Seek Independent Legal Advice
Navigating the specific requirements of the Healthy Homes Standards, particularly for newly built properties and their deemed compliance provisions, can be complex. If clarity is needed regarding specific obligations, compliance statements, or particular situations not covered by general information, individuals may find it beneficial to consult with Tenancy Services or a legal professional. Free legal advice may also be available through Community Law Centres.
Key Resources
- Tenancy Services: https://www.tenancy.govt.nz/
- Legislation New Zealand: https://www.legislation.govt.nz/
- Community Law Centres O Aotearoa: https://communitylaw.org.nz/