Healthy Homes Legislation – From the 1st December 2020
This states that ALL landlords must include a statement of their current level of compliance with the Healthy Homes Standards in any new, varied or renewed tenancy agreement.
In-time, the Healthy Homes Standards shall require all rental properties in New Zealand to comply with specific regulations regarding heating, insulation, ventilation, moisture ingress and drainage, and, draught stopping.
s45 of the Residential Tenancies Act now reads as follows:
The landlord shall –
(a) Provide the premises in a reasonable state of cleanliness; and
(b) Provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes; and
(ba) comply with all requirements in respect of smoke alarms imposed on the landlord by regulations made under section 138A; and
(bb) comply with the healthy homes standards; and
(c) comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises …
Failure by a landlord to comply is declared to be an unlawful act, and liable for an order of exemplary damages of up to $4,000. This is likely to increase as reforms around exemplary damages are also likely to be passed this year.
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