Understanding Draughts in Residential Tenancy Law
In New Zealand, residential tenancy law distinguishes between controlled airflow for ventilation and unwanted draughts (an unwelcome current of air) that can impact a rental property's comfort and energy efficiency. While some airflow is necessary for healthy homes, excessive or uncontrolled draughts can indicate a property failing to meet legal standards.
Landlord's Obligations Regarding Draughts
Landlords have specific legal obligations concerning the condition of their rental properties, which directly relate to the presence of draughts.
Maintenance and Repair
A landlord is legally required to maintain the premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(c)]. If draughts are caused by disrepair, such as ill-fitting windows or doors, cracks in walls, or broken seals, the landlord generally has an obligation to remedy these issues.
Healthy Homes Standards
The Residential Tenancies (Healthy Homes Standards) Regulations 2019 impose specific requirements on rental properties, which landlords must ensure compliance with. The Healthy Homes Standards are a set of minimum requirements for heating, insulation, ventilation, moisture ingress and drainage, and draught stopping. Landlords must comply with all requirements under any enactment (a law or statute) that apply to the premises [Source: Residential Tenancies Act 1986, s 45(1)(d)].
Draught Stopping Standard
The most direct standard addressing draughts is the Draught Stopping Standard. This standard requires landlords to ensure that the premises do not have unreasonable gaps or holes in the walls, ceilings, windows, skylights, floors, and doors that cause noticeable draughts [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, clause 7(1)].
It is important to note that gaps that are required for ventilation (e.g., trickle vents, rangehoods, or other controlled ventilation systems) are not considered 'unreasonable gaps' under this standard [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, clause 7(2)]. The purpose of this standard is to prevent uncontrolled airflow that makes a home cold, damp, or inefficient to heat.
Insulation Standard
While not directly about draughts, the Insulation Standard requires minimum levels of ceiling and underfloor insulation (measured by R-value, a measure of thermal resistance) [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 2, clauses 3-4]. Good insulation works in conjunction with effective draught stopping to create a warmer and drier home.
Compliance Deadline
All private rental homes must comply with the Healthy Homes Standards by 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, regulation 7(1)].
Tenant's Responsibilities
Tenants also have responsibilities under the Residential Tenancies Act 1986:
- Not to cause damage: A tenant must not damage, or permit any other person to damage, the premises [Source: Residential Tenancies Act 1986, s 40(1)(b)]. If a tenant causes damage that leads to draughts, they may be liable for the repair.
- Notification of damage: A tenant must notify the landlord of any damage to the premises as soon as practicable [Source: Residential Tenancies Act 1986, s 40(1)(c)]. This includes damage that might be causing draughts.
Addressing Draught Issues
If a tenant believes their rental property has unreasonable draughts, the following general steps are typically involved:
- Communication: The tenant should first communicate their concerns to the landlord in writing, detailing the specific issues and referencing the relevant Healthy Homes Standards or maintenance obligations.
- Notice to Remedy: If the landlord does not address the issue, the tenant may issue a 14-day notice to remedy (a formal written notice requiring the landlord to fix a breach of the tenancy agreement or Act within 14 days) [Source: Residential Tenancies Act 1986, s 56(1)].
- Tenancy Tribunal Application: If the issue remains unresolved after the notice period, either the tenant or the landlord can apply to the Tenancy Tribunal (an independent body that resolves disputes between landlords and tenants) to make a decision [Source: Residential Tenancies Act 1986, s 77(1)]. The Tenancy Tribunal can order the landlord to carry out repairs, comply with the Healthy Homes Standards, or pay compensation.
When to Seek Independent Legal Advice
Navigating tenancy disputes, especially those involving compliance with complex standards, can be challenging. It is recommended that individuals seek independent legal advice if they are unsure of their rights or obligations, if a dispute arises, or if they need assistance with Tenancy Tribunal proceedings. Free legal advice may be available from Community Law Centres or other advocacy services.