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The Moisture Ingress and Drainage Standard explained

Key Takeaway

The Moisture Ingress and Drainage Standard requires rental properties to have efficient drainage systems for stormwater, surface water, groundwater, and roof moisture to prevent dampness. Landlords must ensure properties meet these standards, including installing a ground moisture barrier in enclosed subfloor spaces unless exempt. Tenants have the right to a compliant home.

The Moisture Ingress and Drainage Standard in New Zealand Tenancies

The Moisture Ingress and Drainage Standard is one of the five Healthy Homes Standards, which aim to ensure rental properties are warmer, drier, and healthier for tenants. This standard focuses on preventing moisture ingress (the entry of water) and ensuring effective drainage (the process by which water is removed from an area) to reduce dampness and mould within rental homes.

Landlord Obligations under the Residential Tenancies Act 1986

Landlords in New Zealand have a general obligation to ensure their rental properties comply with the Healthy Homes Standards, including the Moisture Ingress and Drainage Standard [Source: Residential Tenancies Act 1986, s 45(1)(bb)]. This obligation applies to all residential tenancies.

Additionally, landlords must provide specific statements regarding compliance with the Healthy Homes Standards:

  • When entering into a new tenancy agreement, landlords must provide a statement confirming the current level of compliance with the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 13A(1A)].
  • For fixed-term tenancy agreements, landlords must include a statement in the agreement itself [Source: Residential Tenancies Act 1986, s 13B(2)(ca)].
  • Failure to provide these statements or providing false or misleading information constitutes an unlawful act [Source: Residential Tenancies Act 1986, s 139(2)(fca)].

Requirements of the Moisture Ingress and Drainage Standard

The specific requirements for the Moisture Ingress and Drainage Standard are detailed in the Residential Tenancies (Healthy Homes Standards) Regulations 2019. The standard applies to all residential properties covered by the Residential Tenancies Act 1986 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 18].

1. Efficient Drainage System for Property:

Residential properties must have an efficient drainage system for the removal of stormwater, surface water, and groundwater. This means water should not accumulate around the property in a way that could cause dampness or structural issues [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 19(a)].

2. Efficient Drainage for Roofs and Gutters:

The property must also have an efficient drainage system for the removal of moisture from its roof and gutters. This includes ensuring downpipes and gutters are clear and effectively directing water away from the property's foundations [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 19(b)].

3. Ground Moisture Barrier for Subfloor Spaces:

If a residential property has an enclosed subfloor space (an area underneath the main living space that is enclosed by foundation walls), it must have a ground moisture barrier installed. A ground moisture barrier is a continuous layer of material (such as polythene sheeting) laid directly on the soil within the subfloor space to prevent moisture from the ground from rising into the home [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 20(1)].

Exemptions to the Ground Moisture Barrier Requirement:

A ground moisture barrier is not required if one of the following conditions is met [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 20(2)]:

  • There is no enclosed subfloor space.
  • The subfloor space is not in contact with the ground.
  • The subfloor space already has a vapour barrier that complies with acceptable solutions for New Zealand Building Code clause E3 Internal Moisture (Protection from moisture from the ground) and has been installed correctly.
  • A building expert advises that installing a ground moisture barrier would be impractical or unsafe.

Compliance Timeframes

Landlords must comply with the Healthy Homes Standards, including the Moisture Ingress and Drainage Standard, within specific timeframes:

  • All new or renewed tenancy agreements entered into on or after 1 July 2021 required compliance within 90 days of the tenancy start date or renewal [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 10(1)(a)].
  • All private rental homes must comply with the standards by 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, reg 10(1)(b)].

Tenant Rights and Remedies

Tenants have the right to live in a property that complies with the Healthy Homes Standards. If a tenant believes their rental property does not meet the Moisture Ingress and Drainage Standard, they can apply to the Tenancy Tribunal for a determination [Source: Residential Tenancies Act 1986, s 78]. The Tenancy Tribunal can order the landlord to comply with their obligations and may impose financial penalties for non-compliance.

When to Seek Independent Legal Advice

It is recommended that landlords or tenants experiencing disputes or uncertainties regarding the Moisture Ingress and Drainage Standard, or other tenancy matters, seek independent legal advice. Information can be obtained from official government sources like Tenancy Services, or free advice can be sought from organisations such as Community Law Centres.

Key Resources