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tenancy

What are the Healthy Homes Standards?

Key Takeaway

The Healthy Homes Standards set minimum requirements for heating, insulation, ventilation, moisture ingress and drainage, and draught stopping in New Zealand rental properties. Landlords must comply with these standards, ensuring rental homes are warmer, drier, and healthier for tenants. Compliance deadlines vary, and landlords must provide a statement of compliance with new tenancy agreements.

What are the Healthy Homes Standards?

The Healthy Homes Standards are specific requirements designed to improve the quality of rental homes in New Zealand. They cover five key areas: heating, insulation, ventilation, moisture ingress and drainage, and draught stopping. The purpose is to ensure rental properties are warmer, drier, and healthier for tenants [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 3].

Legal Framework and Application

Landlords, defined as persons who grant a tenancy of a residential property [Source: Residential Tenancies Act 1986, s 2], have a legal obligation to ensure their rental properties comply with the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 45(1)(bb)]. This obligation extends to all residential tenancy agreements, which are contracts between a landlord and a tenant for the rental of a residential property [Source: Residential Tenancies Act 1986, s 2].

The Five Standards

  1. Heating Every rental property must have a fixed heater or heaters that can directly heat the main living room to at least 18 degrees Celsius [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 5(1)]. There are specific requirements for the type and capacity of heating devices, often determined by the size of the room and the climate zone [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Schedule 1].

  2. Insulation Rental properties must have ceiling and underfloor insulation that meets the minimum R-values (thermal resistance ratings) specified in the regulations. If existing insulation is present but does not meet the current R-value requirements, it may still be compliant if it meets certain minimum levels [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 6; Residential Tenancies Act 1986, s 45(1)(ba)].

  3. Ventilation All habitable rooms (rooms used for general living, sleeping, or working) must have openable windows or doors. Additionally, kitchens and bathrooms must have extractor fans or vents that expel moisture to the outside at specific rates [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 7(1), (2); Schedule 2].

  4. Moisture Ingress and Drainage Rental properties must have efficient drainage for the removal of stormwater, surface water, and groundwater. The land must be designed and maintained to prevent moisture from entering the property. If the property has an enclosed subfloor space, a ground moisture barrier may be required to prevent rising damp [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 8(1), (2); Schedule 3].

  5. Draught Stopping Landlords must stop any unreasonable gaps or holes in walls, ceilings, windows, skylights, floors, and doors that cause draughts. This includes ensuring chimneys are blocked or sealed off if not used [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 9(1); Schedule 4].

Landlord Obligations and Compliance Deadlines

Landlords have an ongoing obligation to maintain their rental properties to meet the Healthy Homes Standards [Source: Residential Tenancies Act 1986, s 45(1)(bb)]. Key obligations include:

  • Compliance with Standards: Ensuring the property meets all five standards. The deadline for compliance depends on the type of tenancy and when it started or renewed. For most private landlords, all rental properties must have complied by 1 July 2024 [Source: Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 12].
  • Providing a Compliance Statement: Landlords must provide a Healthy Homes Standards compliance statement with any new or renewed tenancy agreement. This statement declares the current level of compliance with the standards [Source: Residential Tenancies Act 1986, s 45(1)(ca); Residential Tenancies (Healthy Homes Standards) Regulations 2019, Reg 11].

Tenant Rights and Enforcement

Tenants have the right to live in a home that complies with the Healthy Homes Standards. If a landlord fails to meet these obligations, a tenant may apply to the Tenancy Tribunal for a remedy. The Tenancy Tribunal is a judicial body that resolves disputes between landlords and tenants [Source: Residential Tenancies Act 1986, Part 4]. The Tribunal can order landlords to comply with the standards, pay exemplary damages (penalties for breaching obligations), or compensate the tenant for losses [Source: Residential Tenancies Act 1986, s 109, s 109A].

When to Seek Independent Legal Advice

If a person believes their rental property does not meet the Healthy Homes Standards, or if they have concerns about a landlord's compliance, it is advisable to seek independent legal information. Community Law Centres across New Zealand offer free legal information and assistance for tenants and landlords. Information may also be sought from Tenancy Services, a government agency providing information and dispute resolution for residential tenancies.

Key Resources