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Introduced in July 2019, the Healthy Homes Standards aim to
ensure tenants are living in safer, warmer and healthier rental
properties.
Recently, a number of our clients have been drawn into Healthy
Homes Standards disputes in the Tenancy Tribunal. What has come out
of those proceedings is that it is very important for all parties
to a tenancy to be fully aware of the rights and obligations
associated under the Healthy Homes Standards regime.
The Residential Tenancies (Healthy Homes Standards) Regulations
2019 (HHS) provided for a minimum set of
requirements for residential tenancies. By 1 July 2025, all
private rental properties in New Zealand are required to meet the
following standards for any new or renewed tenancy:
Heating Standard:
Landlords must provide a fixed heating source in the main living
area of the property.
Insulation Standard:
Rental properties must have ceiling and underfloor insulation
that meets specific requirements to keep the property warmer in
winter and cooler in summer.
Ventilation Standard:
Rental properties must have an extractor fan in both the
bathroom and kitchen as well as openable windows and doors to
reduce moisture and prevent mould growth.
Moisture and Drainage Standard:
Landlords are required to address any drainage problems and fix
any leaks to prevent moisture from entering the property, including
installing a ground moisture barrier in the subfloor space.
Draught Stopping Standard:
Landlords must ensure that the property is free from any
unreasonable gaps or holes which let in cold air.
Although the deadline is set at 1 July 2025, compliance dates
vary per tenancy until that date. Every private rental following a
renewed or new tenancy after 1 July 2021, is required to comply
with the standards within 120 days of that tenancy commencing.
To avoid any breaches and unexpected costs, it is best practice
to check for compliance before commencing any new tenancy or
renewal to avoid being taken to the Tenancy Tribunal by a
tenant.
For time poor landlords, many companies offer healthy homes
compliance inspections which can be tailored to suit and online
assessments highlighting problematic areas in breach of the
HHS.
Tenancy Services also provides in depth information on the
specific standards, the penalties, and ways to become
compliant.
Consequences of Breaching Healthy Homes Standards
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Section 45(1)(bb) of the Residential Tenancies Act 1986
(RTA) requires compliance with the HHS and any
breach of those obligations are deemed to be unlawful acts for
which exemplary damages can be ordered. The maximum level of
exemplary damages that can be ordered is $7,200.
The RTA provides jurisdiction for the Tenancy Tribunal to
determine any dispute between a landlord and tenant, including for
breaches of the Healthy Homes Standards.
Being taken to the Tenancy Tribunal and attending a hearing can
be a daunting and time-consuming process. Importantly, any decision
made at a Tenancy Tribunal hearing is final and becomes immediately
binding on the losing party.
The Tenancy Tribunal is much less formal than a Court and has a
much simpler process, however failing to properly prepare can lead
to damages and exemplary costs being ordered.
The good news is, unlike the Disputes Tribunal, you can engage a
lawyer to act on your behalf.
Given the HHS have now been in place for a few years, Tribunal
Adjudicators are now inclined to issue much larger awards of
damages against landlords who show a blatant disregard for
compliance citing that they should be well aware of their
responsibilities.
Failing to comply with the Healthy Homes Standards can be costly
and complicated.
Contact our litigation law team to get legal advice regarding
compliance before issues arise.
Contacts
Ella
McLeod
Tony
Johnson
Darius
Shahtahmasabi
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