healthy homes standards
๐ What is healthy homes standards? Meaning and definition
The healthy homes standards (HHS) are a set of legal requirements that landlords in New Zealand must meet for their rental properties. These standards cover aspects like heating, insulation, ventilation, moisture ingress and drainage, and draught stopping. The purpose is to improve the quality of rental homes, contributing to better health outcomes for tenants.
Compliance dates for the HHS vary depending on the type of tenancy and when it commenced. For private rentals, the timeframe for compliance can depend on the start date of a new or renewed tenancy, with all private rentals needing to comply by 1 July 2025. Boarding houses, Kฤinga Ora, and registered Community Housing Providers have different compliance deadlines.
Landlords are responsible for understanding and meeting these obligations. If a landlord fails to comply, a tenant can make a claim, and the Tenancy Tribunal may order the landlord to carry out necessary work to meet the standards, or in some cases, pay compensation to the tenant. An independent report can be used to certify compliance with the standards.
๐ Requirements
- The rental property must comply with all aspects of the Healthy Homes Standards, including heating, insulation, ventilation, moisture ingress and drainage, and draught stopping.
- Landlords must provide one or more qualifying heaters with sufficient capacity to heat the main living area.
- Compliance dates vary based on the tenancy type and start date, with all private rentals needing to comply by 1 July 2025.
- The landlord is responsible for ensuring strict compliance with the law, which may involve getting professional advice.
๐ Procedure
- The landlord obtains a Healthy Homes Standards Report for the property.
- The landlord identifies any areas where the property does not meet the standards, such as the heating standard.
- The landlord carries out any required work to bring the premises into compliance with the Healthy Homes Standards.
- The landlord obtains an independent report certifying that the premises complies with the Healthy Homes Standards.
๐ก Examples
- A tenant successfully claimed that their landlord breached the healthy homes standards because the rental unit was not assessed as a discrete dwelling in the HHS report, leading to an order for exemplary damages.
- A landlord was ordered to carry out work to ensure their rental property complied with the healthy homes standards by a specific date, or alternatively, pay the tenant $1,000.
- A tenant's claim regarding a breach of the healthy homes heating standard was dismissed because they lacked sufficient evidence to support their allegations.
- A landlord produced a Healthy Homes Standards Report seven days before the tenancy ended, but it covered the entire property without distinguishing the rented unit, leading to a finding of non-compliance.
๐ Legal basis
- Residential Tenancies Act 1986
- Residential Tenancies (Healthy Homes Standards) 2019
โ Frequently asked questions
What are the key areas covered by the healthy homes standards?
The healthy homes standards cover five key areas: heating, insulation, ventilation, moisture ingress and drainage, and draught stopping, all designed to make rental properties warmer, drier, and healthier.
When do landlords need to comply with the healthy homes standards?
Compliance dates vary; for private rentals, it depends on when the tenancy started or was renewed, with all private rentals needing to comply by 1 July 2025. Other types of housing, like boarding houses or Kฤinga Ora properties, have different deadlines.
What happens if a landlord doesn't meet the healthy homes standards?
If a landlord fails to comply, a tenant can apply to the Tenancy Tribunal. The Tribunal may order the landlord to complete the necessary work, obtain a compliance report, or pay compensation to the tenant, which could include exemplary damages.
How can a landlord prove their property meets the standards?
Landlords can prove compliance by obtaining an independent report certifying that the premises meets all aspects of the Healthy Homes Standards. This report can be presented as evidence.
Does the heating standard apply to all rooms in a rental property?
The heating standard specifically requires landlords to provide one or more qualifying heaters with a capacity to heat the main living room to a certain temperature. The excerpts do not specify requirements for other rooms.
Can a tenant claim for a breach of the healthy homes standards after their tenancy has ended?
Yes, a tenant can file a claim for a breach of the healthy homes standards even after the tenancy has ended, as seen in a case where a claim was filed shortly after the tenancy concluded.