What Does Quiet Enjoyment Mean?

The right to "quiet enjoyment" ensures tenants can live peacefully in their rental homes. Guaranteed under the Residential Tenancies Act 1986 (RTA), it applies to all tenancy agreements.

What Does Quiet Enjoyment Mean?

1. Privacy: Tenants are entitled to live without unwarranted intrusions, except for legal situations like repairs or emergencies.

2. Peaceful Living: Landlords and others must avoid disturbing tenants.

3. No Harassment: Landlords cannot harass, intimidate, or threaten tenants.

Tenant Responsibilities

Tenants must respect their neighbours’ peace and landlords must ensure one tenant’s actions don’t disrupt others. Being mindful of noise and disturbances is essential.

Breaches of Quiet Enjoyment

If a landlord breaches this right, tenants can issue a notice to remedy. Unresolved issues can be taken to the Tenancy Tribunal.

Access Requirements for Landlords

• Repairs: 24 hours' notice is required, with work between 8 am and 7 pm.

• Inspections: 48 hours' notice is needed.

• Exterior Maintenance: Notice isn’t legally required but is good practice.

When the Property Is for Sale

Tenants retain their rights during property sales. Landlords must:

• Get tenant consent for viewings.

• Follow agreed conditions for visits.

• Consider rent reductions for significant disruptions.

Quiet enjoyment is a key tenant right that fosters positive rental relationships. Understanding these rules helps protect peace and privacy in rental homes.

Your Rental Compliance Guide: Healthy Homes Standards Explained

Ensuring your rental property meets New Zealand’s Healthy Homes Standards by 2025 is essential to provide tenants with a warm, dry, and healthy living environment while avoiding penalties for noncompliance. Here’s a concise guide to help you get ready:

Key Requirements

Heating

Your rental must have a fixed heater capable of heating the main living area to at least 18°C. Energy-efficient options like heat pumps, wood burners, or flued gas heaters are ideal. Portable heaters won’t suffice. Tip: Upgrade to an energy-efficient heating system for better comfort and compliance.

Insulation

Ceiling and underfloor insulation must meet minimum R-values:

• Ceiling: R 2.9 (Zones 1 & 2) and R 3.3 (Zone 3).

• Underfloor: R 1.3 nationwide. Tip: If installed before 1 July 2016, check and update insulation as it may have settled or degraded.

Ventilation

Ensure windows can open in living areas and bedrooms, and install functioning extractor fans in kitchens and bathrooms to remove moisture. Tip: Test extractor fans regularly to ensure they meet standards and prevent mould.

Moisture and Drainage

Proper drainage systems (gutters, downpipes) and a ground moisture barrier for enclosed subfloors are required. Tip: Inspect drainage systems frequently to address issues early and avoid costly repairs.

Draught Stopping

Seal gaps and holes in windows, doors, floors, and walls to prevent cold draughts. Tip: Check for draughts on windy days and seal them for a cost-effective compliance solution.

Noncompliance Penalties

Landlords failing to meet the standards by 1 July 2025 could face fines of up to $7,200 per breach. Compliance ensures tenant health and avoids these hefty penalties.

Common Issues at the Tenancy Tribunal

Thousands of tenants and landlords turn to the Tenancy Tribunal each year to resolve disputes. In the September quarter alone, over 7,000 applications were lodged, with rent arrears, bond refunds, tenancy terminations, and compensation claims being the most frequent issues.

Rent Arrears Dominate Cases

Rent arrears accounted for 4,484 applications—more than 60% of all cases. Some disputes involve significant unpaid amounts; in one instance, a tenant was ordered to pay over $10,000 to avoid eviction.

Bond Refund Challenges

Nearly 3,000 applications were related to bond refunds. Disagreements often arise over property conditions or unpaid rent at the end of a tenancy.

Termination and Possession Disputes

More than 2,500 cases involved tenancy terminations or possession issues. For example, the Tribunal recently upheld a landlord’s possession rights after a tenant tried to retract their notice to vacate.

Compensation Claims

Compensation disputes are also common, with tenants seeking damages for issues like improper notices or retaliatory actions. In one case, a tenant received $2,000 in damages due to a landlord’s retaliation.

Tribunal Delays

Hearing delays remain a concern, with landlords and tenants often waiting 4-6 weeks or longer to schedule a Tribunal hearing.

Pet Consent Rules and Pet Bond: Upcoming Changes

New provisions regarding pet consent and pet bonds are set to take effect on a date to be determined. These changes will impact tenants and landlords alike. Here is a summary of the key updates:

Key Changes to Pet Consent

• Tenants will be allowed to request written consent from their landlord to keep a pet in their rental property.

• Landlords can refuse such requests only on reasonable grounds.

• Tenants will be responsible for any pet-related damage that goes beyond fair wear and tear.

Disability Assist Dogs: These are excluded from the pet consent and pet bond rules. No permission is needed, and landlords cannot charge a pet bond for these dogs.

Pet Bond Guidelines

• Landlords may require a pet bond, which can be no more than two weeks' rent, in addition to the general bond.

• If a landlord consents to pets, a pet bond may be a reasonable condition.

• Tenancy agreements must specify the type of bond (general or pet) and the amounts required.

• Pet bonds must be refunded if the pet passes away. If the tenant gets a new pet, a new pet bond may be charged.

• Rent increases affect pet bonds. For instance, if rent rises by $10 per week, the pet bond may need to be topped up by $20 (equal to two weeks’ rent increase).

Existing Tenancy Agreements

• These changes apply only to tenancies that begin after the provisions take effect.

• Pets already in rental properties before the provisions take effect are not impacted, provided the pet was agreed to by the landlord or not prohibited in the tenancy agreement.

Additional Information

• The Tribunal can order the use of either bond (general or pet) to cover costs if pet-related damage exceeds the bond amount.

• Further guidance will be provided closer to the commencement date to help landlords and tenants understand their rights and responsibilities.

Preparing for the Changes

Whether you’re a landlord or tenant, it’s important to stay informed and update your agreements accordingly once the pet provisions are in effect. If you have questions or need assistance with these new rules, feel free to contact our team for expert advice.

Understanding the Tenancy Act Changes 2025

On 30 January 2025, changes to the Tenancy Act will come into effect, impacting landlords and tenants. These amendments aim to clarify tenancy terminations and fixed-term agreements. Here's a summary of the key updates.

Key Changes to Tenancy Terminations

Periodic Tenancies From 30 January 2025, landlords can terminate a periodic tenancy with “no cause” by giving 90 days’ notice. They can also provide 42 days’ notice if:

• The owner or a family member requires the property as their principal residence for at least 90 days.

• The property is sold with vacant possession.

• The property is needed for the landlord’s employees or contractors as stated in the tenancy agreement.

Tenants can end a periodic tenancy with 21 days’ notice.

Important Notes:

• Notices issued before 30 January 2025 remain valid.

• Retaliatory notices may be set aside, with up to 12 months for tenants to seek damages.

Fixed-Term Tenancies

Fixed-term tenancies will automatically transition to periodic tenancies unless:

• Either party gives notice to end the tenancy 90 to 21 days before its expiration.

• Both parties agree on a different arrangement.

For tenancies expiring on or before 30 April 2025, the current rules apply. For those expiring on or after 1 May 2025, the new rules will apply.

Key Dates to Remember

• 30 January 2025: New rules for periodic tenancies take effect.

• 1 May 2025: New rules for fixed-term tenancies come into effect.

How These Changes Impact You

For Landlords: These changes provide more flexibility but require compliance with updated notice periods to avoid penalties.

For Tenants: The rules strengthen tenant protections and simplify transitions between tenancy types.

Need Help Navigating These Changes?

Have questions? Our experienced team is here to help you navigate the new Tenancy Act and stay compliant. Contact us today!

Furnished vs. Unfurnished Rentals: Which is Right for Your Property?

When deciding whether to furnish your rental property in Wanaka, it's important to consider your target market and the potential benefits. While furnished rentals are less common, they do attract niche renters such as professionals on short-term contracts, seasonal workers, and those using platforms like Airbnb.

What Does the Market Say?

In Wanaka, the percentage of furnished rentals remains small, but there's steady demand, especially for short-term stays. However, it’s important to assess this carefully, as some listings may cater to seasonal visitors rather than long-term tenants.

Location Matters

Furnished properties tend to be most popular in central Wanaka and areas close to popular attractions like Lake Wanaka and Treble Cone. Outside of these key areas, demand for furnished rentals drops. While these properties can charge higher rents, they often attract short-term tenants, meaning more frequent turnover and additional maintenance costs.

Things to Consider Before Furnishing

• Chattels List: Keep a detailed inventory of all furniture and appliances to avoid disputes.

• Quality Over Quantity: Focus on essential, high-quality items rather than outdated furniture.

• Ongoing Maintenance: Furnished properties require more attention, as all provided items need to be maintained and replaced if faulty.

Is Furnishing the Right Choice for You?

It depends on your property’s location and who you’re looking to attract. If you're targeting professionals, seasonal workers, or Airbnb guests, furnishing could be a great option. However, for long-term tenants, an unfurnished property often offers more stability and less ongoing maintenance.

If you're considering furnishing your Wanaka rental or purchasing one that’s already furnished, feel free to get in touch. We're here to help you make the best decision for your investment.

How to Avoid Fines as a Landlord When Traveling Abroad

Planning a holiday that’s longer than 21 days? If you’re a private landlord, failing to appoint a representative before leaving could lead to fines. Here’s a quick guide to ensure you're compliant before heading overseas.

When Can Landlords Be Fined for Travel?

Landlords who don’t appoint a New Zealand-based representative for holidays longer than 21 consecutive days may face fines of up to $1,500. It’s a legal requirement under the Residential Tenancies Act to have someone manage your property in your absence.

What You Need to Do Before You Leave:

1. Appoint a Representative – Choose someone trustworthy and based in New Zealand.

2. Notify Your Tenants – Let them know you’re going away and provide your representative’s contact details.

3. Inform the Bond Centre – If your tenant's bond is held at the bond centre, notify them of the change in representation. Don’t forget to update this when you return.

Choosing the Right Representative

Your representative will have the same rights and responsibilities as you do, so it’s important to pick someone reliable. They’ll need to handle emergencies and day-to-day property management while you’re away.

How Property Managers Can Help

If you already work with a property manager, they can act as your representative. If you don’t, and are planning an extended trip, it might be worth hiring one. Managing a rental property can be a big responsibility for a friend or family member, especially if they’re not being compensated.

Do Tenants Need Their Own Insurance?

While landlords have insurance to protect their properties, tenants should also consider taking out insurance to cover their own belongings and liability. Here’s what you need to know.

Damage to Property
Under the Residential Tenancies Amendment Bill (2019), tenants are responsible for damage they or their guests cause. They may need to pay either four weeks’ rent or the landlord's insurance excess, whichever is lower.

Landlord Responsibilities
Landlords must provide tenants with insurance information, including whether the property is insured and what the excess is. This must be included in the tenancy agreement, and any changes in insurance details must be communicated promptly.

Personal Insurance for Tenants
A landlord's insurance doesn't cover a tenant’s belongings. Tenants should consider taking out contents insurance, which may also include personal liability coverage for accidental damage to the rental property.

Renters' Insurance vs Contents Insurance
Renters' insurance is often the same as contents insurance, but sometimes at a lower cost. It’s essential to check that the value of your belongings is covered. Many policies also offer legal liability coverage for accidents outside your home.

Earthquake-Damaged Properties
If you're renting an earthquake-damaged property, research carefully—some insurers may not cover it.

Damage and Disputes
If repairs are needed, both tenants and landlords can issue a 14-day notice for the other party to fix the problem. For unresolved issues, the Tenancy Tribunal can be contacted for further action.

Taking out the right insurance ensures peace of mind for tenants in case of accidents or damage.

Interconnected Smoke Alarms Now Mandatory for New Builds and Renovations

Starting November 2024, all new builds and major renovations must include interconnected smoke alarms. This is an important update to the Building Code, and property investors planning new constructions or significant renovations need to take note.

What are Interconnected Smoke Alarms?
Interconnected smoke alarms activate simultaneously when one alarm detects smoke, even if located in different rooms. These alarms must be installed in every bedroom and living area, ensuring everyone in the home is alerted in case of a fire.

Why Are They More Effective?
Interconnected alarms offer quicker fire detection, giving occupants more time to escape. They are particularly beneficial in larger homes or those with multiple floors.

How Are They Installed?
For new builds, a hard-wired system is installed during construction. In renovations, a wireless, battery-powered system can be added without the need for rewiring.

Transition Period
The building industry is currently in a transition phase, with these rules becoming mandatory by November. After this, older systems will no longer comply for new builds or major renovations.

What About Existing Properties?
For rental properties, smoke alarms must be photoelectric with a 10-year battery life or be hard-wired. Existing alarms in good condition can remain, but when replaced, they must meet the new standards.

Why Regular Chimney Sweeps Are Essential for Your Home

If you have a fireplace or wood-burning stove, maintaining your chimney is crucial for the safety and efficiency of your home. A regular chimney sweep goes beyond cleanliness—it's a vital part of ensuring your household stays safe, your heating system runs smoothly, and your environmental impact is minimized.

1. Fire Safety Chimneys accumulate creosote, a highly flammable byproduct of burning wood. Over time, this buildup can cause chimney fires, which may spread to the rest of your home. Regular sweeps help remove this risk, keeping your home safe from potential fire hazards.

2. Improve Air Quality A dirty or blocked chimney can trap harmful gases like carbon monoxide inside your home. This odorless, invisible gas is dangerous and can lead to serious health problems. Routine chimney maintenance ensures proper ventilation and cleaner indoor air.

3. Enhance Heating Efficiency A clean chimney allows your heating system to work more efficiently. When soot or debris clogs the flue, your system has to work harder, using more fuel. Regular sweeps optimize airflow, saving you money on fuel and reducing your environmental impact.

4. Prevent Structural Damage Creosote and soot can erode your chimney’s structure, and trapped moisture can damage the mortar or flue, leading to costly repairs. Regular chimney sweeps help detect these issues early, saving you from expensive fixes later on.

5. Reduce Environmental Impact Maintaining a clean chimney reduces the release of harmful pollutants into the atmosphere. A well-maintained system burns fuel more efficiently, lowering your household’s carbon footprint.

6. Comply with Regulations In some regions, regular chimney sweeps are required, especially in rental properties. Staying on top of chimney maintenance ensures safety compliance and may be necessary for insurance coverage.

7. Prevent Pest Problems Animals like birds and squirrels often nest in chimneys, blocking ventilation and causing risks. Regular sweeps remove these nests, ensuring proper airflow and reducing the chances of carbon monoxide buildup.

How Often Should You Sweep Your Chimney? Experts recommend inspecting and cleaning your chimney at least once a year. Homes that frequently use their fireplace may require sweeps every six months.

Regular chimney sweeps are key to maintaining a safe, efficient, and eco-friendly home. Whether you're a homeowner or tenant, investing in chimney care protects your household and the environment while also saving on heating costs.

Renting Out Your Holiday Home: A Guide to Maximizing Use and Income

Owning a holiday home offers the best of both worlds—a private retreat and the potential to generate extra income. If you're looking to rent out your property for part of the year while keeping it available for your own holidays, there are some flexible options that can suit your needs.

One popular choice is to opt for a short fixed-term tenancy. This allows you to rent your property for a specific period, such as 90 days or less, with the tenancy ending automatically at the agreed-upon date. This arrangement ensures that no further notice is required to end the tenancy—the property becomes available for your personal use as soon as the term ends.

To set this up, both you and your tenant must agree in writing before the tenancy begins that it will end on a specific expiry date. This offers peace of mind, knowing exactly when the property will be available for your holiday plans.

Additionally, other rental options exist to help you strike the right balance between income and personal use, so you can enjoy your holiday home when it suits you.

Pest Control: How to Prevent Rats and Mice from Invading Your Home

While the kids may adore Stuart Little, he’s not the kind of guest you want running around your house! Rodents, including rats and mice, aren’t picky about where they live, and once they find a way in, they can be tricky to remove. Many people are unsure how to handle a rodent problem or who is responsible for pest control.

The good news is that spotting a rat or mouse doesn’t always mean you have a full-blown infestation. By taking a few simple steps, you can prevent these unwelcome visitors from turning your home into theirs.

1. Keep Food Stored Away
   Rodents are always on the lookout for food, so don’t leave any uncovered food lying around. Store food in sealed containers and clean up crumbs or spills promptly.

2. Manage Your Rubbish Properly
   Make sure rubbish bags are tied up tightly and never left sitting on the ground. Always use bins with secure lids, and dispose of your rubbish at least once a week to avoid attracting pests.

3. Seal Entry Points
   Mice only need a 6mm gap to enter your home, so it’s important to check for and seal any holes or gaps in walls, cupboards, floors, or doors where rodents can sneak in.

4. Eliminate Water Sources
   Rats are drawn to water, so ensure there are no leaky taps, pipes, or drains around your property. Also, keep an eye on areas near creeks, ponds, or other natural water sources.

5. Trim Vegetation
   Rodents love to hide in overgrown grass, bushes, and hedges. Regularly trimming these areas and removing any excess vegetation can make your property less appealing to them.

Tips for Maintaining Healthy Homes Compliance

Obtaining compliance with the Healthy Homes Standards for your rental property is not a one-off tick box job. Maintaining compliance requires regular inspections and ongoing maintenance. 

Overflowing gutters or a blocked drain will result in the property becoming non-compliant. Gutters and downpipes need to be cleared regularly. Any drainage issues should be dealt with straight away.  

Similarly, it is quite common for the draft-preventing little window wedges to fall off or get broken. The wedges ensure a tight fitting window with no drafts, so if they break or come off, they need to be replaced or the house will no longer be compliant. Gaps around doors and windows cannot be greater than 3mm. 

You can ask your tenant if they have noticed issues with water pooling, overflowing gutters or windows that no longer shut tight.  

However, carrying out regular inspections is crucial for identifying issues and dealing with maintenance in a timely manner. Maintaining your property’s Healthy Homes Standards status is a legal obligation. 

Regular property inspections and reports to landlords are part of our Home & Co property management services.