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How Tenancy Services polices the Healthy Homes Standards

Key Takeaway

Tenancy Services monitors and enforces compliance with Healthy Homes Standards. Landlords must ensure rental properties meet standards for heating, insulation, ventilation, moisture ingress, and draught stopping. Non-compliance can lead to investigations, infringement notices, or Tenancy Tribunal applications, and potential exemplary damages.

How Tenancy Services Monitors Healthy Homes Standards Compliance

The Healthy Homes Standards were introduced to ensure rental properties in New Zealand are warm, dry, and safe. Tenancy Services, a government service provided by the Ministry of Business, Innovation and Employment (MBIE), plays a crucial role in monitoring compliance and enforcing these standards. This involves providing information, investigating complaints, and, where necessary, initiating enforcement actions.

What are the Healthy Homes Standards?

The Healthy Homes Standards specify minimum requirements for rental properties in five key areas. Landlords are required to ensure their properties meet these standards [Source: Residential Tenancies Act 1986, s 45(1)(bb)]. The five areas are:

  • Heating: A fixed heating device capable of heating the main living room to at least 18°C is generally required [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 5].
  • Insulation: Rental properties must have ceiling and underfloor insulation that meets the 2008 Building Code requirements or, for existing insulation, specific R-values [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 6].
  • Ventilation: All habitable rooms must have openable windows and an extractor fan in rooms with a bath or shower, and in kitchens [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 7].
  • Moisture ingress and drainage: Rental properties must have efficient drainage for the removal of stormwater, surface water, and groundwater, and a ground moisture barrier where applicable [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 8].
  • Draught stopping: Landlords must block or repair unreasonable gaps or holes in walls, ceilings, windows, skylights, floors, and doors that cause noticeable draughts [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 9].

Landlord Obligations

Landlords have specific obligations regarding the Healthy Homes Standards:

  • Compliance: All rental properties must comply with the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 45(1)(bb)]. The compliance dates vary depending on the type of tenancy and when it began, but generally, all private rental homes must comply by 1 July 2024.
  • Healthy Homes Compliance Statement: For any new or renewed tenancy agreement, landlords must include a Healthy Homes Compliance Statement, which declares the current level of compliance with the standards [Source: Residential Tenancies Act 1986, s 13A]. This statement must be provided with the tenancy agreement [Source: Residential Tenancies Act 1986, s 13A(1)(a)].
  • Ongoing Compliance: Landlords must maintain the property in a reasonable state of repair and comply with all building, health, and safety requirements that apply to the premises [Source: Residential Tenancies Act 1986, s 45(1)(c) and s 45(1)(ab)].

Tenancy Services' Role in Enforcement

Tenancy Services monitors and enforces compliance through several mechanisms:

  • Information and Education: Tenancy Services provides extensive information to both landlords and tenants about their rights and responsibilities, including detailed guidance on the Healthy Homes Standards.
  • Complaint Investigation: Tenants who believe their rental property does not meet the Healthy Homes Standards can raise their concerns with their landlord. If the issue is not resolved, they can contact Tenancy Services to initiate a formal complaint process. Tenancy Services may offer mediation to help resolve disputes between landlords and tenants [Source: Residential Tenancies Act 1986, Part 4A].
  • Infringement Notices: For certain breaches of the Residential Tenancies Act 1986 (the Act) and its associated regulations, Tenancy Services, acting on behalf of the Ministry of Business, Innovation and Employment (MBIE), has the authority to issue infringement notices [Source: Residential Tenancies (Infringement Offences) Regulations 1999]. For instance, failing to include a Healthy Homes Compliance Statement in a new or renewed tenancy agreement is an infringement offence [Source: Residential Tenancies (Infringement Offences) Regulations 1999, reg 3(g)].
  • Tenancy Tribunal Applications: If a resolution cannot be reached through negotiation or mediation, either the tenant or Tenancy Services (on behalf of the chief executive of MBIE) can apply to the Tenancy Tribunal for an order [Source: Residential Tenancies Act 1986, s 77]. The Tenancy Tribunal is a judicial body that hears and determines disputes between landlords and tenants. The Tribunal has the power to order landlords to undertake work to ensure compliance with the Healthy Homes Standards, or to pay compensation to the tenant [Source: Residential Tenancies Act 1986, s 85].
  • Exemplary Damages: If a landlord intentionally breaches their obligations under the Act, and the breach merits it, the Tenancy Tribunal may order the landlord to pay exemplary damages to the tenant [Source: Residential Tenancies Act 1986, s 109]. For example, a landlord knowingly letting a property that does not meet the Healthy Homes Standards could face such an order.

Tenants' Rights

Tenants have the right to live in a property that complies with the Healthy Homes Standards. If a landlord fails to meet these standards, a tenant can make an application to the Tenancy Tribunal for various remedies, including an order for the landlord to comply or for compensation [Source: Residential Tenancies Act 1986, s 77].

When to Seek Independent Legal Advice

Individuals seeking specific guidance on their personal situation regarding Healthy Homes Standards compliance, landlord obligations, or tenant rights should consult with a qualified legal professional. Information can also be obtained from Tenancy Services, or by contacting Community Law Centres for free legal assistance across New Zealand [https://communitylaw.org.nz/].

Key Resources