Here are some of the most common concerns we’ve heard from landlords, answered in partnership with our friends at Warm Fuzzies.
Do I need to have a healthy homes inspection for a property that was just built a year or two ago?
It’s a common misconception that the inspections are a legal requirement. What is a legal requirement, however, is providing the tenant documentation that proves the property is compliant with the Healthy Homes Standards.
You’ll need to provide your tenants with a 13A (Healthy Homes Compliance) document filled out about the property with up-to-date information, which you have signed off.
You’ll also need to show a completed heat loss calculation of the main living area, as well as documentation of work carried out on the property to keep it to these standards
How long are Healthy Homes inspections and 13a certificates valid for?
Currently, there is no set inspection schedule, nor is there an expiry date for 13a certificates. However, the cause of confusion for a lot of landlords is that the legislation requires the property to be maintained to the standards at all times.
This means that it’s your job to ensure that the property is up to the standards and to stay on top of any general wear and tear that might bring the property below them.
We recommend an annual check of the property to ensure it continues to meet the requirements for Healthy Homes compliance over time.
Our house is an A-frame house where the walls and ceilings are technically the same thing. Are those walls subject to the insulation requirements?
In this case, the “ceiling” of the house is likely to be exempt from the insulation requirements as it would not be considered accessible for installation.
I have tenants living in a mobile tiny-home/sleepout. Does it need to be compliant?
Yes. The requirements apply to any lease where a tenancy agreement is in place.
What if I use it as an Airbnb?
As short-term stays don’t require a tenancy agreement, a property being used as an Airbnb or temporary/short-term accommodation doesn’t need to be compliant with the Healthy Homes standards.
If a landlord rents out a property before it’s compliant, works to bring it up to standards but isn’t able to due to external factors like resource shortages, are they able to get extensions or face lower fines?
Unfortunately, the cases for exemption here are very limited, especially if the tenancy agreement has already commenced and the landlord cannot complete the work within the 90-day threshold.
There is an exemption for 12 months if the work required is a substantial rebuild which requires building or resource consent.
The consent must be applied for before the commencement of a tenancy agreement, and rejection or termination of the consent will stop the exemption from taking place. Landlords can challenge a rejection and the exemption will be reinstated until the challenge and following appeals are determined.
Outside of this case, there is no specific exemption relating to worker/resource shortages, and the fines are ultimately up to the tribunal/courts.
Are tenants entitled to ask for documentation about how their rental meets the healthy homes standards?
Yes. Any new or renewed tenancy agreement needs to include a compliance statement that details how the standards were met, and tenants are able to ask for this information at a later date.
There are some very limited exemptions to this rule, which you can check here.
What are the penalties for not meeting the standards?
If your property isn’t compliant and you can’t arrange for a remedy within a reasonable timeframe, you can be fined up to $7,200. You can also be fined up to $500 for not providing a compliance statement when required.
Learn more about Healthy Homes Standards
If you’re ready to book a Healthy Homes inspection for your property, you can head on over to warmfuzzies.co.nz/inspections to get started if you’re in Auckland, Christchurch or Dunedin.
