Is your flat up to standard?
For many of us, the reality of renting can be a fraught experience. Disinterested landlords who barely provide the bare minimum for their tenants can be a nightmare to deal with. The recent, “Wellington’s Next Top Mould-el” competition, as well as being bitingly entertaining, serves as a painful example of how landlord negligence can not only be annoying but can create seriously hazardous homes.
No matter how (dis)agreeable your landlord is, it’s a good idea to be informed about your rights as a tenant. Finding out about the Healthy Homes Standards that have recently come into effect will help you find out if your flat isn’t up to standard - and what your landlord needs to do about it.
Since July 1st this year, the law around your landlord’s obligations has changed with the enforcement of new Healthy Homes Standards. These standards require your landlord to provide certain things in your flat that keep it a “healthy” place to live, and should help prevent your flat from going into the running for New Zealand’s Next Top Mould-el. So what are the new standards you should expect to see in your home?
Heating
Your landlord must provide a heater in the living room of your house. This heater must be able to heat the room to a minimum temperature of 18 degrees - practically tropical! There are specifications on the type of heater too: it can’t be a portable heater and must be attached to the wall. If the heater is electric it must display the temperature and allow tenants to adjust the heat. It is worth noting that although landlords must provide a heater, they’re only expected to heat the living room; bedrooms do not fall under this requirement.
No draughts
Your flat must be free of holes or gaps that could let in cold air. Gaps in windows, floors or doors must be fixed, and unused chimneys need to be blocked off.
Insulation
Since July 2019, your landlord is required to install insulation in the ceiling and under the floor to improve the heat retention of your home. Some homes may not be able to be fully insulated, however - for example, if the building sits directly on concrete or if there is no space between the ceiling and the roof to allow space for insulation.
Ventilation
Airflow is a key requirement for preventing the development of mould in a home. The new standards require windows that can be opened in all bedrooms, kitchens, and living rooms (unless the room has been legally built without windows). In addition, all bathrooms and kitchens need to have extractor fans installed which helps prevent the buildup of moisture.
Drainage
As obvious as it may seem, it is stipulated in the new Healthy Homes Standards that your rental home must have proper drainage. Although this requirement seems self-evident, the Tenancy Tribunal takes leaks in the home very seriously. Not only can improper drainage cause leaks in the home, it also breaches your right as a tenant to enjoy a healthy living environment.
Underground moisture barrier
If your flat has a basement or other underground area, the new standards require it to be lined with a ground moisture barrier. This barrier is usually a type of polyurethane sheet that will help prevent water from entering the underground room and causing dampness.
Not all renters are covered by the Healthy Homes Standards
Living situations come in all shapes and sizes, and, unfortunately, not all renters are protected by the new tenancy law. If you are a “flatmate”, rather than an official tenant, (someone who has signed a tenancy agreement), these protections don’t apply to you. This is usually because you are living with someone else who is a tenant, or you are living with the owner of the property as their flatmate.
Beware that if you are living in a student hall of residence or even a retirement home you are not covered by these protections.
So what if your home isn’t meeting the Healthy Homes Standards?
If you notice that your flat is leaky, damp, or isn’t meeting the new standards in any other way, you have the right to ask your landlord to address the issue. If you are entering into a new tenancy agreement or renewing an old one, your landlord must ensure that the flat is up to standard within the first 90 days of the agreement.
If your landlord is ignoring their obligations to meet these standards, you can get support from Tenancy Services who can help mediate a solution or even bring the dispute to the Tenancy Tribunal. Yes, landlords can be horrible, but living in their flat shouldn’t be - if you need support, reach out.