Landlords have been given four years to insulate rental properties under proposed new residential tenancy laws requiring compulsory insulation in rental properties. Every rental property in New Zealand must be insulated by July 2019, and have smoke alarms fitted by July 2016, under proposed new residential tenancy laws.
COMPULSORY INSULATION IN RENTAL PROPERTIES
Housing Minister Nick Smith announced the plans, which include the following requirements for compulsory insulation in rental properties: All residential rental homes in New Zealand will be required to have insulation to keep a home warm in winter and cool in summer. Social housing (where tenants pay an income related rent) must be insulated by 1 July 2016 and all other rental homes by July 2019.Landlords are required to provide a statement on the tenancy agreement for any new tenancy commencing 1 July 2016 about the location, type and condition of insulation in the rental home. Installing conductive foil insulation in residential and rental homes is now banned.
RETROFIT INSULATION IN RENTAL PROPERTIES
Under proposed changes to the Residential Tenancies Act, landlords will need to make sure their rental properties have ceiling and underfloor insulation that meets the new standard.The new requirements will apply from July 2016 for government-subsidised social housing, and from July 2019 for all other rental properties, including boarding houses.
COMPULSORY SMOKE ALARMS BY JULY 2016
The regulations will make landlords responsible for installing operational smoke alarms, with tenants responsible for replacing batteries and notifying landlords when there is a defect. This will come into effect from 1 July 2016. The proposed standards require a minimum of one working smoke alarm in a hall or similar area, within 3m of each bedroom door.
NEW POWERS TO INVESTIGATE AND PROSECUTE
Housing Minister Nick Smith said, “The Ministry of Business, Innovation and Employment will have new powers to investigate and prosecute landlords for breaking tenancy laws as part of these reforms, particularly where there is risk to the health and safety of tenants.”
The Chief Executive of the Ministry of Business, Innovation and Employment will have greater enforcement powers, including investigating and taking proceedings to the Tribunal on behalf of the tenant, even without the tenant’s consent. The new standards are part of the Government’s plan to ensure all tenants can live in safer, warmer and healthier homes. Insulated homes are easier to heat, and smoke alarms are proven to reduce the risk of death from fires by up to 50 percent.
It is now an unlawful act for a landlord to end a tenancy in retaliation for a tenant exercising a right under the tenancy agreement, the relevant law, or by making a complaint relating to the tenancy. This is called a ‘retaliatory notice’ under the Residential Tenancies Act. Tenants who take direct action against landlords will now be able to challenge an alleged retaliatory notice up to 28 working days after it has been issued.
