The Healthy Homes Standards were introduced in New Zealand to ensure rental properties are warmer, drier, and healthier for tenants [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 3]. The heating standard is one of five key standards within these regulations, outlining specific requirements for heating in rental homes [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 5].
What is the Heating Standard?
Landlords are required to provide one or more fixed heaters in the main living room of a rental property that can directly heat the room to at least 18 degrees Celsius [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 8(1)].
- A fixed heater is defined as a heating device that is installed in the main living room and cannot be easily moved from that position [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 4].
- The main living room is the largest room in the dwelling that is used for day-to-day activities [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 4].
Heating Capacity Requirements
The heating standard specifies minimum heating capacities for the main living room, measured in kilowatts (kW) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Part 1]. The required heating capacity is determined by using an approved heating assessment tool or formula, which considers factors such as the room's size, window area, and insulation levels [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1, Part 1, clause 2].
For example, a main living room typically requires a heater with a capacity of at least 1.5 kW for spaces up to 10 square metres, increasing with room size. Landlords are generally expected to use the heating assessment tool provided by the Ministry of Business, Innovation and Employment (MBIE) to accurately calculate the required heating capacity.
Acceptable and Unacceptable Heating Devices
The regulations identify certain types of heating devices as acceptable and others as generally unacceptable for meeting the primary heating requirement:
Acceptable Heaters
- Heat pumps.
- Wood burners that comply with the National Environmental Standards for Air Quality.
- Pellet burners.
- Flued gas heaters.
- Fixed electric heaters with a heating capacity of at least 1.5 kW, provided they meet certain efficiency criteria (e.g., a COP of 2.2 or higher for single-glazed properties, or a COP of 2.4 for double-glazed properties) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 9(2)].
Unacceptable Heaters
- Unflued gas heaters, which release moisture and pollutants directly into the air [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 9(3)(a)].
- Portable heaters [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 9(3)(c)].
- Electric heaters with a heating capacity of less than 1.5 kW, unless they are used as a supplementary heater to meet the overall heating capacity and the primary heater is fixed [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 9(3)(b)].
- Open fires are generally not considered to be efficient primary heaters for the purpose of this standard [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 9(3)(e)].
Landlord Obligations
Landlords have a legal obligation to ensure their rental properties comply with all healthy homes standards, including the heating standard, within specified timeframes [Source: Residential Tenancies Act 1986, s 45(1)(bb); Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 7]. This involves:
- Providing and installing the correct type and capacity of heating [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 8, s 9].
- Maintaining the heating system in a reasonable state of repair throughout the tenancy [Source: Residential Tenancies Act 1986, s 45(1)(c)].
- Providing a healthy and safe environment for tenants [Source: Residential Tenancies Act 1986, s 45(1)(a)].
Tenant Responsibilities
Tenants also have obligations relating to the property and its fixtures, including:
- Not intentionally or negligently damaging the premises, including heating systems [Source: Residential Tenancies Act 1986, s 42(1)(b)].
- Notifying the landlord of any damage or need for repairs to the heating system [Source: Residential Tenancies Act 1986, s 42(1)(d)].
- Using the provided heating system appropriately and in a tenant-like manner.
Compliance Deadlines
Landlords must ensure their rental properties comply with the heating standard by these dates:
- 90 days after any new or renewed tenancy agreement starting on or after 1 July 2021 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 7(a)].
- All tenancy agreements must comply by 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 7(b)].
There are specific, separate compliance deadlines for boarding houses and properties owned by Kāinga Ora – Homes and Communities or Community Housing Providers [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 7(c), s 7(d)].
Exemptions
Limited exemptions to the heating standard exist:
- If a property will be demolished within 12 months of the start of the tenancy, and the landlord has obtained all necessary consents [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 28].
- If compliance with the heating standard would require an alteration to the property that cannot be undertaken lawfully (e.g., due to heritage restrictions) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 27].
- If a dwelling does not have a main living room, the heating standard does not apply [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, s 8(2)].
Breaches and Enforcement
Failure to comply with the healthy homes standards, including the heating standard, is an unlawful act under the Residential Tenancies Act 1986 [Source: Residential Tenancies Act 1986, s 138(2)(gb)].
If a landlord breaches the heating standard, a tenant may apply to the Tenancy Tribunal for orders requiring the landlord to comply, and potentially for exemplary damages [Source: Residential Tenancies Act 1986, s 77, s 109]. The Tenancy Compliance and Investigations Team (TCIT) can also investigate landlords for non-compliance and may take enforcement action [Source: Residential Tenancies Act 1986, Part 2A].
When to Seek Independent Legal Advice
Complex tenancy issues, disputes, or questions about specific circumstances related to the heating standard or other healthy homes requirements often benefit from professional guidance. Readers may contact Tenancy Services for general information or seek free legal advice from a Community Law Centres about their specific situation. Independent legal advice from a qualified lawyer can help individuals understand their rights and obligations.