The Residential Tenancies Act 1986 (RTA 1986) and its associated regulations, the Residential Tenancies (Healthy Homes Standards) Regulations 2019 (Healthy Homes Standards Regulations), set out minimum standards for rental properties in New Zealand. These are known as the Healthy Homes Standards, which cover five key areas: heating, insulation, ventilation, moisture ingress and drainage, and draught stopping [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 5]. The ventilation standard aims to ensure rental properties have adequate means to remove moisture and improve indoor air quality.
General Requirements for Ventilation
The ventilation standard requires rental properties to have sufficient means of ventilation to remove moisture from the property [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 17]. This is primarily achieved through the installation of extractor fans in specific rooms and the provision of openable windows in habitable rooms.
Extractor Fan Requirements
Extractor fans are required in certain areas to meet the ventilation standard [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 18].
- Kitchens: Any room that is a kitchen, or includes a kitchen space, must have an extractor fan or rangehood that vents to the outside. This fan must have a minimum diameter of 150mm or an exhaust capacity of at least 50 litres per second [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 18(1)(a)].
- Bathrooms: Any room that is a bathroom, or includes a bathroom space, must have an extractor fan that vents to the outside. This fan must have a minimum diameter of 120mm or an exhaust capacity of at least 25 litres per second [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 18(1)(b)].
The requirement for extractor fans applies to kitchens and bathrooms where they are separate rooms or dedicated spaces within a larger room [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 18(1)]. The fans must be installed in a manner that ensures they exhaust air to the outside of the building [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 18(2)].
Openable Window Requirements
The ventilation standard also requires all habitable rooms in a rental property to have at least one openable window, door, or skylight [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 19(1)]. A habitable room is defined as a room used for living, sleeping, eating, or cooking purposes [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 3].
The openable area of the window, door, or skylight must be at least 5% of the floor area of the room it ventilates [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 19(2)]. This requirement ensures that natural ventilation can be used effectively.
Landlord Obligations
Landlords have a legal obligation to ensure their rental properties comply with all Healthy Homes Standards, including the ventilation standard [Source: Residential Tenancies Act 1986, s 45(1)(bb)]. This includes:
- Ensuring the property meets the specific requirements for extractor fans and openable windows [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 17, 18, 19].
- Maintaining the property in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(c)].
- Complying with all requirements relating to buildings, health, and safety under any enactment [Source: Residential Tenancies Act 1986, s 45(1)(f)].
Landlords must also provide a Healthy Homes Standards statement with any new or renewed tenancy agreement, outlining the current level of compliance and what improvements are needed or have been completed [Source: Residential Tenancies Act 1986, s 13A(1)(c), s 13A(2)].
Tenant Responsibilities
While the primary obligation for meeting the ventilation standard rests with the landlord, tenants also have responsibilities under the RTA 1986:
- Tenants must keep the premises reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 40(1)(a)]. This includes keeping extractor fans clean to ensure they function effectively.
- Tenants must notify the landlord of any damage to the premises or any need for repairs [Source: Residential Tenancies Act 1986, s 40(1)(g)]. This would include reporting a non-functioning or damaged extractor fan or window.
- Tenants must not intentionally or negligently damage the premises [Source: Residential Tenancies Act 1986, s 40(2)(b)].
Compliance Dates
All rental properties must comply with the Healthy Homes Standards, including the ventilation standard, by 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 25(1)].
For any new or renewed tenancy agreement that commenced between 1 July 2021 and 30 June 2024, landlords had to ensure the property complied with the standards within 90 days of the start of the tenancy, but no later than 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 24(1)].
Exemptions
Certain exemptions to the ventilation standard exist [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 21]. For example, if a room's intended use does not require an extractor fan (e.g., a toilet with no shower/bath), or if a new build has been constructed in accordance with clause G4 of the building code and certified as such [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 21(1)(b), Reg 22].
When to Seek Independent Legal Advice
Independent legal advice should be sought by individuals who require clarification on their specific rights and obligations under residential tenancy law, or who are involved in a dispute concerning compliance with the Healthy Homes Standards. Information can be obtained from organisations such as Tenancy Services, which provides guidance on residential tenancy matters, or from Community Law Centres for free legal advice.