Retrofitting older homes to meet modern standards is a key obligation for landlords in New Zealand, primarily driven by the Healthy Homes Standards. Retrofitting refers to adding new components or features to an existing building that were not part of the original construction. This article outlines the legal requirements for landlords undertaking such work, ensuring compliance with the Residential Tenancies Act 1986 and related regulations.
Landlord Obligations Under the Residential Tenancies Act 1986
The Residential Tenancies Act 1986 (RTA) sets out the fundamental duties of landlords. These include:
- Maintaining the premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(a)].
- Complying with all building, health, and safety requirements that apply to the premises [Source: Residential Tenancies Act 1986, s 45(1)(c)].
- Providing at least 24 hours' notice to the tenant before entering the premises for repairs or maintenance, unless there is an emergency or the tenant consents at the time of entry [Source: Residential Tenancies Act 1986, s 48(2)(b)].
- Not interfering with the reasonable peace, comfort, and privacy of the tenant in the use of the premises [Source: Residential Tenancies Act 1986, s 38].
Healthy Homes Standards Explained
The Healthy Homes Standards are a set of minimum requirements for heating, insulation, ventilation, moisture ingress and drainage, and draught stopping in rental properties. These standards aim to ensure rental properties are warm, dry, and safe. Older homes often require significant retrofitting to meet these requirements. The practicable means capable of being done or put into practice; feasible.
1. Heating Standard
All rental homes must have a fixed heater that can directly heat the main living room to at least 18°C [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 5]. The required heating capacity is determined by a specific calculation based on the size and glazing of the main living room [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 6, Schedule 1]. Some existing efficient heating devices are exempt from needing to meet the exact heating capacity if they were installed before 1 July 2019 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 10].
2. Insulation Standard
Ceiling and underfloor insulation must meet specific R-values, which are measures of thermal resistance indicating how well a material resists the transfer of heat [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 12-19]. The required R-value depends on the climate zone the property is located in. If it is not reasonably practicable to install insulation to the required standard in parts of the ceiling or underfloor, a landlord may be exempt from insulating those specific parts [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 15(3), 18(3)]. Existing insulation installed before 1 July 2016 may be compliant if it is in reasonable condition and meets specific minimum R-values [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 13, 16].
3. Ventilation Standard
Rental homes must have adequate ventilation. This means:
- Openable windows in the living room, dining room, kitchen, and bedrooms, with a total area of at least 5% of the floor area of those rooms [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 20].
- An extractor fan in rooms with a shower or bath, or rooms that include an indoor cooktop. These fans must vent to the outside and have a minimum diameter or extraction rate, depending on their location [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 21-25].
4. Moisture Ingress and Drainage Standard
Rental properties must have efficient drainage for the removal of storm water, surface water, and ground water [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 26]. The drainage system must include a ground moisture barrier where the home has an enclosed subfloor space and it is reasonably practicable to install one [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 27]. Showers and baths must have impervious surfaces on the walls and floors [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 28].
5. Draught Stopping Standard
Landlords must block any unreasonable draughts in the home. This involves stopping gaps and holes in walls, ceilings, windows, skylights, floors, and doors that cause draughts [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 30]. If it is not reasonably practicable to block a specific gap or hole, a landlord may be exempt [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 31(2)].
Compliance Timeframes
Private landlords must ensure their rental properties comply with the Healthy Homes Standards within 90 days of any new or renewed tenancy agreement [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 32(a)]. All private rental homes must comply by 1 July 2024, regardless of when the tenancy began or was renewed [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 32(b)]. Specific compliance dates apply to Kāinga Ora (Housing New Zealand) and registered community housing providers [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 33-34].
Exemptions
Limited exemptions exist for some of the Healthy Homes Standards. For example, exemptions may apply if it is not reasonably practicable to install a particular feature (e.g., specific insulation, ground moisture barrier, or draught stopping in certain areas) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 15(3), 18(3), 29(1), 31(2)]. There are also specific exemptions for properties where the landlord intends to demolish or remove the property within 12 months, or for properties that are part of a larger building where the landlord cannot access the necessary parts to make improvements [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 35].
Tenant's Role During Retrofitting
Tenants have an obligation to allow the landlord or their agent to enter the premises to carry out necessary repairs or maintenance, provided proper notice has been given [Source: Residential Tenancies Act 1986, s 48(2)(b)]. Tenants are also required to keep the premises reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 40(1)(a)]. Landlords must ensure that any retrofitting work causes minimum disruption to the tenant and does not unreasonably interfere with their quiet enjoyment of the property [Source: Residential Tenancies Act 1986, s 38].
When to Seek Independent Legal Advice
Landlords and property managers facing complex retrofitting challenges, questions about specific Healthy Homes Standards compliance, or disputes with tenants regarding property access or work, may consider seeking independent legal advice. Information and assistance are also available from Tenancy Services, and Community Law Centres throughout New Zealand offer free legal advice. They can provide guidance on interpreting legislation and navigating specific scenarios.
Key Resources
- Tenancy Services: https://www.tenancy.govt.nz/
- Healthy Homes Standards (Tenancy Services): https://www.tenancy.govt.nz/healthy-homes/
- Residential Tenancies Act 1986: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
- Residential Tenancies (Healthy Homes Standards) Regulations 2019: https://www.legislation.govt.nz/regulation/public/2019/0056/latest/whole.html
- Community Law Centres: https://communitylaw.org.nz/