Draught Stopping Standard for New Zealand Rental Properties
New Zealand's Healthy Homes Standards are a set of minimum requirements for rental properties aimed at ensuring they are warm, dry, and safe. The Draught Stopping Standard is one component of these standards, focusing on preventing excessive heat loss and cold air ingress through gaps and holes in the building fabric. Landlords have specific obligations to meet this standard [Source: Residential Tenancies Act 1986, s 45(1)(bb); Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 5].
Landlord's Obligations
Landlords of residential rental properties are legally required to ensure their properties comply with all Healthy Homes Standards, including the Draught Stopping Standard [Source: Residential Tenancies Act 1986, s 45(1)(bb)]. This obligation is continuous throughout the tenancy.
The Draught Stopping Standard Requirements
The Draught Stopping Standard specifies that all unreasonable gaps or holes in the walls, ceilings, windows, skylights, floors, and doors that cause noticeable draughts must be blocked [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 5, clause 1]. The aim is to reduce energy waste and improve the indoor temperature of the property.
What Constitutes an 'Unreasonable Gap'?
A gap or hole is considered unreasonable for the purposes of this standard if it is not specifically designed to provide ventilation and it causes a noticeable draught [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 5, clause 2]. Examples might include gaps around ill-fitting windows or doors, or unsealed holes in walls or floors.
Exclusions from the Standard
Certain items are not considered unreasonable gaps or holes that need blocking. These include:
- Fixed permanent gas heaters that have flues designed for their safe operation [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 5, clause 3(a)].
- Open fireplaces, provided the tenant has agreed in writing to use the open fireplace and the landlord has not agreed to take responsibility for it [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 5, clause 3(b)].
- Gaps or holes that are intentionally designed to provide ventilation [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 5, clause 3(c)]. This means ventilation systems, such as extractor fans or purpose-built vents, are not required to be blocked.
Tenant's Responsibilities
While the primary obligation for meeting the Draught Stopping Standard rests with the landlord, tenants also have responsibilities under the Residential Tenancies Act 1986 (RTA 1986). Tenants must keep the premises reasonably clean and tidy and are prohibited from damaging the premises deliberately or carelessly [Source: Residential Tenancies Act 1986, s 42(1)(a), s 42(1)(b)]. This implies that tenants should not remove or damage any draught-stopping measures installed by the landlord.
Compliance Deadlines
Landlords must comply with the Healthy Homes Standards, including the Draught Stopping Standard, within specific timeframes:
- All private rental homes must comply within 90 days of any new or renewed tenancy agreement [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 7(1)(a)].
- For all private rental properties, regardless of tenancy agreements, the final deadline for compliance was 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 7(1)(b)].
Enforcement and Disputes
If a landlord fails to meet the Draught Stopping Standard or any other Healthy Homes Standard, the tenant may apply to the Tenancy Tribunal. The Tenancy Tribunal is a judicial body that resolves disputes between landlords and tenants. It can order landlords to comply with their obligations and may impose penalties for non-compliance [Source: Residential Tenancies Act 1986, s 77].
When to Seek Independent Legal Advice
Individuals needing specific information regarding their rights and obligations under the Residential Tenancies Act 1986 or the Healthy Homes Standards, or guidance on Tenancy Tribunal processes, should consult official resources or seek independent legal advice. Information can be obtained from Tenancy Services, Community Law Centres, or a qualified legal professional.