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tenancy

How to check if your rental meets the Healthy Homes Standards

Key Takeaway

Landlords in New Zealand must ensure their rental properties meet Healthy Homes Standards. These standards cover heating, insulation, ventilation, moisture, and draught stopping. Tenants can check for compliance by reviewing their tenancy agreement's Healthy Homes Statement and inspecting the property against specified requirements, such as adequate heating and insulation levels. Non-compliance can lead to penalties for landlords.

Understanding Healthy Homes Standards in New Zealand

The Healthy Homes Standards are specific requirements for rental properties in New Zealand designed to ensure they are warm, dry, and healthy for tenants (also known as lessees). These standards were introduced as amendments to the Residential Tenancies Act 1986 and are detailed in the Residential Tenancies (Healthy Homes Standards) Regulations 2019. Landlords (also known as lessors) have legal obligations to ensure their properties comply with these standards [Source: Residential Tenancies Act 1986, s 45(1)(bb); Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 6].

Landlord Obligations

Landlords are required to ensure their rental properties comply with the Healthy Homes Standards. The compliance date depends on the tenancy type and when it began or was renewed:

  • All private rentals: Must comply within 90 days of any new or renewed tenancy agreement signed on or after 1 July 2021. All private rentals must comply by 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 6(2)].
  • Housing New Zealand and community housing providers: Different deadlines applied for these types of tenancies [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 6(1)].

Additionally, landlords must provide a Healthy Homes Standards compliance statement with any new, renewed, or varied tenancy agreement. This statement outlines the current level of compliance with each of the five standards [Source: Residential Tenancies Act 1986, s 13A(2)(gb)].

Tenant Rights

Tenants have the right to live in a property that meets the Healthy Homes Standards. If a tenant believes their rental property does not meet the standards, they can raise the issue with their landlord. If the issue remains unresolved, a tenant may apply to the Tenancy Tribunal for a resolution [Source: Residential Tenancies Act 1986, s 45(1)(bb), Part 4A].

How to Check Compliance with Healthy Homes Standards

Checking if a rental property meets the Healthy Homes Standards involves understanding each of the five key areas and their specific requirements. Tenants can review the Healthy Homes Standards compliance statement provided by their landlord as a starting point [Source: Residential Tenancies Act 1986, s 13A(2)(gb)].

1. Heating Standard

Every living room in a rental property must have a fixed heater that can directly heat the room to at least 18°C. The heating capacity required depends on the size of the living room and the climate zone the property is in. Some properties may require more than one heater to meet the standard [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 7].

To check:

  • Identify the main living room(s).
  • Determine if there is a fixed heating device (e.g., heat pump, panel heater, wood burner).
  • For heat pumps, check the model number and research its heating capacity. For other heaters, assess if they are likely sufficient for the room size. Online heating assessment tools are available to help estimate required capacity.

2. Insulation Standard

Rental properties must have ceiling and underfloor insulation that meets minimum R-values (a measure of thermal resistance). The required R-value varies by climate zone [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 8].

To check:

  • Ceiling: If accessible, visually inspect the ceiling cavity. Note the type, thickness, and condition of the insulation. Compare this against the R-value requirements for the property's climate zone.
  • Underfloor: If accessible, visually inspect under the house. Note the type, thickness, and condition of any underfloor insulation.
  • Ask the landlord for documentation regarding insulation installation or any professional assessment reports.

3. Ventilation Standard

All habitable rooms (rooms used for living or sleeping) must have at least one openable window or door, and kitchens and bathrooms must have extractor fans or an existing external venting rangehood [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 9].

To check:

  • Windows/Doors: Confirm that all habitable rooms have windows or doors that can be opened to the outside.
  • Kitchen/Bathroom Fans: Check if extractor fans are present in the kitchen (or an externally vented rangehood) and bathroom(s), and that they are in working order. The fans must meet minimum extraction flow rates (e.g., 50 litres per second for kitchens, 25 litres per second for bathrooms) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 9(2)(b)].

4. Moisture Ingress and Drainage Standard

Rental properties must have efficient drainage for stormwater, surface water, and groundwater. If the property has an enclosed subfloor space, a ground moisture barrier must be installed unless it is not reasonably practicable to do so or the subfloor is already adequately dry [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 10].

To check:

  • Exterior Drainage: Observe the property's exterior during and after rain. Look for pooling water around the foundations, overflowing gutters, or blocked downpipes.
  • Ground Moisture Barrier: If there is an accessible subfloor space, check for the presence of a ground moisture barrier (a polythene sheet laid over the soil).
  • Look for signs of dampness or mould inside the property that could indicate moisture ingress.

5. Draught Stopping Standard

Rental properties must not have unreasonable gaps or holes in walls, ceilings, floors, windows, or doors that cause draughts. Unused fireplaces and chimneys must be blocked or closed off [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 11].

To check:

  • Visible Gaps: Inspect around window frames, door frames, and skirting boards for visible gaps.
  • Draughts: Check for noticeable draughts around openings, especially on windy days.
  • Fireplaces: If there are unused fireplaces or chimneys, confirm they are sealed or have effective dampers.

Enforcement and Penalties

If a landlord fails to comply with the Healthy Homes Standards, they may be subject to a financial penalty. The Tenancy Tribunal can order landlords to remedy breaches and pay damages or penalties. For example, landlords who do not include a Healthy Homes Standards compliance statement in their tenancy agreement can face a pecuniary penalty of up to $500 [Source: Residential Tenancies Act 1986, s 13A(3)]. More significant breaches of the standards can result in penalties up to $7,200 [Source: Residential Tenancies Act 1986, Schedule 1A, Part 2, clause 9].

When to Seek Independent Legal Advice

Individuals seeking specific guidance on their rights or obligations regarding Healthy Homes Standards compliance, or wishing to pursue a dispute, should consult with Tenancy Services or a legal professional. Community Law Centres provide free legal assistance to eligible individuals throughout New Zealand. Further information can be obtained from Citizens Advice Bureau or Tenancy Services directly.

Key Resources