From 1st December 2020 all new and renewed tenancy agreements need to contain a Healthy Homes statement stating how the property complies (or will comply) with the Healthy Homes Act. There are 6 areas to comply with - Insulation, Heating, Ventilation, Draught Stopping , Moisture Ingress and Drainage.
Here is what you need to know:
1. Failure to comply with the regulations will be considered a serious breach of a landlord’s responsibilities under Section 45 of the Residential Tenancies Act (RTA). At present the maximum fine for exemplary damages is $4,000 per breach. Acts such as failing to provide Healthy Homes information may incur a fine of between $1000 and $2000.
2. What evidence needs to be collected and retained? Section 40 of the RTA states that “A landlord must retain sufficient relevant records or documents as reasonably provide evidence of the landlord’s compliance with the Healthy Homes Standards in relation to the tenancy”. This can include building consents, records of building work done by professionals, inspections, photos or videos, product manuals e.g. for heat pumps or log burners, receipts and invoices.
3. The Tenancy and Compliance Investigation Team has the power to seek proof of compliance and tenants are also permitted to request evidence of compliance. In other words you want to make sure you have this done on time.
4. We strongly recommend landlords complete their Healthy Homes compliance report now. That way if there are any changes, improvements or upgrades required, you will be ready by 1st July 2021. The statement which needs to be completed is 13 pages long (available on the Tenancy Services website) plus there are specific calculations to be done to show the heating capability of the living room. Don’t forget to keep those calculations as part of your evidence! Here is a handy tool for the heating calculator .
Engaging an independent assessor to complete the report will undoubtedly save you time but it also gives you the assurance and protection you need to comply with the law changes. Need help or advice? Contact Home & Co on rent@homeandco.co.nz or +64 3443 0073