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tenancy

Tenant rights regarding mold and dampness

Key Takeaway

Landlords in New Zealand must provide and maintain rental properties that comply with Healthy Homes Standards, including requirements for moisture ingress, drainage, and ventilation, and ensure the premises are in reasonable repair and fit for habitation. Tenants are obligated to keep the property reasonably clean and notify landlords of any repair needs promptly. Disputes can be resolved through the Tenancy Tribunal.

Tenant Rights Regarding Mold and Dampness in New Zealand

Tenants in New Zealand have specific rights and landlords have obligations regarding the condition of rental properties, particularly concerning issues like mold and dampness. These are primarily governed by the Residential Tenancies Act 1986 (RTA) and the Residential Tenancies (Healthy Homes Standards) Regulations 2019.

Landlord Obligations under the Residential Tenancies Act and Healthy Homes Standards

Landlords are required to ensure that rental properties meet certain standards to provide a safe and healthy living environment. Key obligations include:

  • Reasonable State of Repair and Fit for Habitation: Landlords must provide the premises in a reasonable state of repair and must maintain the premises in a reasonable state of repair. They must also ensure the premises are fit for human habitation. [Source: Residential Tenancies Act 1986, s 45(1)(b), s 45(1)(c)].
  • Compliance with Enactments: Landlords must comply with all requirements in respect of buildings, health, and safety under any enactment (a law made by Parliament) so far as they apply to the premises. This includes the Healthy Homes Standards. [Source: Residential Tenancies Act 1986, s 45(1)(c)].
  • Healthy Homes Standards: These standards aim to ensure rental homes are warmer, drier, and healthier. Specific standards relevant to mold and dampness include:
    • 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, it must have a ground moisture barrier. This prevents moisture from entering the home from the ground. [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 15].
    • Ventilation Standard: Every habitable room (excluding bathrooms and kitchens) must have at least one window, door, or skylight that opens. Kitchens and bathrooms must have extractor fans or continuously operating vents that extract to the outside, to remove moisture from cooking and bathing. [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 13].
    • Insulation Standard: Rental properties must meet specific insulation requirements to prevent heat loss and condensation, which can contribute to dampness and mold. [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 7-10].

Tenant Responsibilities

While landlords have significant obligations, tenants also have responsibilities that impact the condition of a property:

  • Reasonable Cleanliness: Tenants must keep the premises reasonably clean and tidy. [Source: Residential Tenancies Act 1986, s 40(1)(c)]. This includes taking reasonable steps to prevent excessive moisture build-up that can lead to mold.
  • Notification of Damage or Repairs: Tenants must notify the landlord of any damage to the premises or of any need for repairs as soon as possible after its discovery. [Source: Residential Tenancies Act 1986, s 40(1)(da)]. This includes reporting leaks, excessive dampness, or visible mold growth.
  • Proper Use of Ventilation: Tenants are generally expected to use the ventilation systems provided (e.g., extractor fans) and to ventilate the property regularly (e.g., by opening windows) to minimise moisture buildup.

What if Mold or Dampness Occurs?

If a tenant discovers mold or dampness in their rental property, the following steps are generally followed:

  1. Notify the Landlord: The tenant must notify the landlord in writing as soon as possible. This notification should detail the issues observed. [Source: Residential Tenancies Act 1986, s 40(1)(da)].
  2. Landlord's Obligation to Remedy: Upon notification, the landlord is generally required to investigate and take appropriate steps to address the cause of the mold or dampness and remediate any existing issues, especially if they stem from a failure to meet their obligations under the RTA or Healthy Homes Standards. Failure to address maintenance issues can be considered an unlawful act. [Source: Residential Tenancies Act 1986, s 45].
  3. Dispute Resolution: If the landlord fails to address the issue, or if there is a disagreement about responsibility, either party can apply to the Tenancy Tribunal. The Tenancy Tribunal is a judicial body that resolves disputes between landlords and tenants. It can make orders for repairs, compensation, or termination of the tenancy, depending on the circumstances. [Source: Residential Tenancies Act 1986, Part 4]. Failure by a landlord to comply with their obligations, including those related to health and safety, can be considered an unlawful act, which is an action or omission that breaches the Residential Tenancies Act 1986 and may result in a penalty. [Source: Residential Tenancies Act 1986, s 45].

When to Seek Independent Legal Advice

If a tenant or landlord is involved in a dispute regarding mold or dampness, or if they need clarification on their specific rights and obligations, they may wish to seek independent legal advice. Information and assistance are available from various sources, including Tenancy Services and Community Law Centres across New Zealand.

Key Resources