14 Jun 2022

Advice for renters about requirements for warm, healthy homes

From Nine To Noon, 11:30 am on 14 June 2022

As winter sets in, and leaks and mould appear in homes around the country, the Citizens Advice Bureau wants renters to be aware of what can legally expect from their landlord.

Even though it's landlords who hold the power, especially in the current rental market, tenants are being forced to chase them up for fixes, ays acting CE Andrew Hubbard.

person holding cup

Photo: Giulia Bertelli

"Tenants are being relied on to know that there's a problem, know that the landlord, try and remedy it with the landlord and take them to the tenancy tribunal," he tells Kathryn Ryan.

Andrew Hubbard, Deputy CEO of Citizens Advice Bureau NZ

Andrew Hubbard Photo: YouTube screenshot

Tenants with houses that are substandard tend to fall into two groups, Hubbard says - those who have no idea what they can expect from their landlord and those who know their rights but struggle to have them honoured.

Either way, it shouldn't be up to the tenant to take action in these cases.

"If you're struggling to make ends meet, the hassle, concerns about the implications [of requesting fixes] for your relationship with your landlord… all of those things are incentives not to take action.'

The impact of poor housing on health and wellbeing is now well known, Hubbard says, and New Zealand landlords have had plenty of time to familiarise themselves with the Healthy Home standards introduced in July 2019.

It makes no sense that in the case of tenancies that began before 1 July 2021, landlords can legally ignore these standards for another two years, Hubbard says.

"If you're in a pre-existing tenancy from before that, your landlord doesn't need to comply until [1 July] 2024, which is a crazy amount of implantation time."

So what are landlords legally required to provide?

1. An efficient source of heating in the main living area

2. Adequate floor and ceiling insulation

3. Adequate ventilation in every habitable room and extractor fans in kitchens and bathrooms 

4. Adequate drainage facilities and protection against moisture

5. Adequate protection against draughts

If you're in a rental property that needs work, start by trying to have a constructive conversation with your landlord to the effect of 'Hey look, we're worried about .. what can you do about it?', Hubbard suggests.

If you're more comfortable talking in person, follow up the conversation with an email so you have a record.

If nothing happens, you can then look at issuing a Notice to Remedy, which gives the landlord 14 days to act.

For help communicating with landlords, issuing formal notices and, if necessary, taking them to the Tenancy Tribunal, Hubbard suggests contacting your local Citizens Advice Bureau, community law centre or tenant's organisation.

These organisations, although understaffed and underfunded, can also help to outline your rights as a renter and the landlord's obligations, he says.

The Citizens Advice Bureau also recommends checking with Work and Income on whether you're eligible for any financial support with your heating bills.

Read - Keeping your home warm and dry on a budget

Up to 80 percent of faulty indoor electric heaters potentially still on the market.

Photo: 123rf