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tenancy

How to maintain ventilation as a tenant

Key Takeaway

Tenants in New Zealand have obligations to keep their rented homes clean and prevent damage, which includes managing ventilation to avoid mould and dampness. Landlords must provide homes that meet Healthy Homes Standards for ventilation, including specific requirements for windows and extractor fans in kitchens and bathrooms. Tenants are expected to use these facilities appropriately.

Understanding Ventilation Obligations for Tenants

Effective ventilation is crucial for maintaining a healthy living environment and preventing dampness and mould in residential rental properties in New Zealand. Both landlords and tenants have specific responsibilities under the law to ensure adequate ventilation.

Landlord's Obligations for Ventilation

Landlords are required to ensure their rental properties comply with the Healthy Homes Standards, which include specific requirements for ventilation [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019]. The Healthy Homes Standards are minimum requirements for heating, insulation, ventilation, moisture and drainage, and draught stopping in rental properties.

Specifically for ventilation, landlords must ensure:

  • Habitable Rooms: Every habitable room (a room used for living, sleeping, eating, or cooking, but not a bathroom, toilet, laundry, pantry, or corridor) must have one or more openable windows or doors that have a total area equal to at least 5% of the floor area of that room [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 3, clause 1].
  • Kitchens and Bathrooms: These rooms must have an extractor fan or an effectively continuously operating vent that vents to the outside. There are minimum capacity requirements for these fans or vents depending on when they were installed or when the room was built [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 3, clause 2].

Beyond the specific Healthy Homes Standards, landlords have a general obligation to provide and maintain the premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(a)]. They must also comply with all requirements under any enactment in respect of buildings, health, and safety, so far as they apply to the premises [Source: Residential Tenancies Act 1986, s 45(1)(c)].

Tenant's Obligations Regarding Ventilation

While landlords must provide the means for ventilation, tenants also have responsibilities that contribute to maintaining good ventilation and preventing issues like mould and dampness. These obligations fall under the tenant's general duties under the Residential Tenancies Act 1986 (RTA), the main piece of legislation governing renting in New Zealand.

  • Keeping Premises Reasonably Clean: Tenants must keep the premises reasonably clean [Source: Residential Tenancies Act 1986, s 40(1)(c)]. This includes taking reasonable steps to prevent and manage conditions that lead to excessive dampness or mould growth, which can be a consequence of poor ventilation.
  • Preventing Damage: Tenants must not damage, or permit any other person to damage, the premises intentionally or carelessly [Source: Residential Tenancies Act 1986, s 40(1)(d)]. Failure to properly ventilate a property, leading to extensive mould or moisture damage, could be considered a breach of this obligation.
  • Notifying the Landlord of Issues: Tenants must notify the landlord of any damage to the premises or of any need for repairs as soon as possible [Source: Residential Tenancies Act 1986, s 40(1)(f)]. If a ventilation system stops working, or if mould or dampness appears despite the tenant's reasonable efforts, the tenant must inform the landlord promptly.

Practical Steps for Tenants to Maintain Ventilation

To meet their obligations and ensure a healthy home, tenants can take several practical steps:

  • Use Extractor Fans: Always use extractor fans in kitchens when cooking and in bathrooms when showering or bathing to remove moisture at the source [Source: Residential Tenancies Act 1986, s 40(1)(c), s 40(1)(d)].
  • Open Windows and Doors: Regularly open windows and doors, especially after showering, cooking, or drying laundry indoors, to allow fresh air to circulate and remove humid air [Source: Residential Tenancies Act 1986, s 40(1)(c), s 40(1)(d)].
  • Ventilate When Drying Laundry: If drying laundry indoors, do so in a well-ventilated area with a window open or a fan running [Source: Residential Tenancies Act 1986, s 40(1)(c), s 40(1)(d)].
  • Report Faults: If an extractor fan is not working correctly, or if there is persistent dampness or mould, immediately notify the landlord or property manager in writing [Source: Residential Tenancies Act 1986, s 40(1)(f)].

Addressing Ventilation and Dampness Issues

If a tenant identifies an issue with ventilation (e.g., a non-functioning extractor fan, insufficient windows, or recurring mould despite appropriate ventilation efforts), they should first communicate the problem to their landlord in writing. This creates a record of the communication. The landlord is then responsible for addressing the issue to ensure the property complies with the Healthy Homes Standards and is in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(a) and s 45(1)(c)].

If the landlord does not respond or resolve the issue, the tenant can seek assistance from Tenancy Services, a government body that provides information and dispute resolution services for landlords and tenants. For unresolved disputes, either party may apply to the Tenancy Tribunal, an independent judicial body that can make legally binding decisions [Source: Residential Tenancies Act 1986, Part 4].

When to Seek Independent Legal Advice

Understanding the specific legal implications of ventilation issues in a residential tenancy can be complex. For detailed guidance on a particular situation, or if there is a dispute with a landlord or tenant that cannot be resolved through direct communication, it is recommended to seek independent legal advice. Information and assistance can be obtained from Tenancy Services or by contacting Community Law Centres for free advice.

Key Resources