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Cold, damp homes. It’s what the Healthy Homes Standards were developed to help put an end to. But is it working and what do we do about all the mould that is already existing in properties?

Mould enquiries are something we receive multiple times a day, generally from tenants who are fed up with the state of their property. The problem for both tenants and landlords is that tackling the mould issue is a murky business with many variable factors. Determining whether it is the fault of the tenant, the landlord or simply down to the location of the house must all be taken into account.

Certainly in some situations it is cut and dry. There’s been a pipe leaking in the bathroom for months, the landlord has been informed but chosen to do nothing, and mould occurs. That’s simple, the landlord has breached their requirement to provide the premises in a reasonable state of cleanliness.

But what about situations where no obviously water leaks can be found and tenants complain of mould on their belongings and curtains despite multiple attempts to remove it. Who is at fault then? And what can be done about it?

Conversations with HUD and the Tenancy Compliance team have confirmed that they are certainly aware of the contentious nature of the mould issue. They are also struggling to provide a concrete definition on what is a problem. The Tenancy Compliance team are accepting complaints regarding mould and investigating these. They are currently looking into issues where mould is ‘excessive’, however they do not have a definition on what is excessive so there is a degree of variability involved.

So, what should be done?

Well, lab testing can be undertaken to determine the type of mould that is present, whether it is a harmful, or non-harmful variety, but does this assist? Recent Tenancy Tribunal hearings have not required definition on the type of mould present to determine whether there is a breach of the RTA. The rulings to date are simply reliant on the presence of mould and then confirming who is at fault.

A landlord must provide a premises free from mould at the start of a tenancy. From that point on the tenant needs to maintain the premises free from mould. Section 40(1)(d) RTA states that the tenant must keep the premises reasonably clean.

If the mould persists despite the tenant cleaning the mould, then there is a chance that the premises suffers from a structural defect and it is at this point that professional assessment is needed.

We believe the key in any mould assessment is ascertaining the cause of the mould. Which, as mentioned previously can be very simple with moisture testing if the problem of a mouldy bathroom is in fact being caused by a leaking pipe behind the wall.

Lab testing may be beneficial in proving the case of an environment being the cause of mould via air monitoring, this can be done in the affected room of the property and outside the room to give a comparison of mould spores present in the air. If the numbers are similar then this would lead you to believe ongoing mould is going to be an issue that is simply down to the property location and will need constant monitoring and cleaning throughout the tenancy.

We are currently reformulating our Mould Assessment service to ensure it is helpful in solving the root of this ongoing issue for landlords and tenants alike. Watch this space for a re-launched service in early 2024

If you think about the Healthy Home Standards as a checklist then the difference between the standards and a Warrant of Fitness is just a time period for when it is due for reinspection.

Currently the two main factors which determine this time period are:

1. All rental properties, once fully compliant, must stay in a fully compliant condition for the duration of the tenancy.

2. A new Current Level of Compliance Statement must be issued when there is a New or Renewed Tenancy.

For point one the main question surrounding continued compliance is ‘how likely is the property to continue to meet each individual regulation on an ongoing basis. This cannot be determined as a blanket rule for the “whole” property but rather must be assessed based on individual property characteristics.

For example, it would be expected the houses next to tall trees would require annual gutter cleans, more so than a property in a large housing development that has no nearby trees. Also, properties with new ceiling insulation should continue to comply for years to come, versus those with older insulation that just met the requirements at the time of assessment. Therefore, it is recommended that a short-term maintenance plan is created for each property with items requiring regular attention addressed and consideration given to when the items with a longer expected lifespan, such as Ground Moister Barriers, Underfloor Insulation, Ceiling Insulation and ventilation ducting are inspected (even these items are subject to wear and tear, and vermin and adverse weather events can speed up the deterioration of these).

For point two, there is a more clearcut decision to make as the Property Manager or Landlord is signing a legal document stating the “Current Level” of the property. If a Healthy Home Assessment was carried out in 2019, then a new tenancy starts in 2023 a new statement will be required to be signed. Can/should the Property Manager or Landlord use the information from the original Healthy Home Assessment that is now four years old, or should they be ensuring either they, or an external party, recheck the property comprehensively?

This is where it comes down to the level of risk you are comfortable with. As the Exemplary Damages for signing a false compliance statement are $750, the consideration needs to be made as to whether the Property Manager or Landlord are prepared to take the risk should a claim be made against them or an audit from the Tenancy Investigation and Compliance Department finds them at fault.

On discussion with the Tenancy Investigation and Compliance Team, they’ve suggested that if they were provided a report with data that was more than 24 months old, then they would be looking at that more closely to ascertain if it is still accurate.

Healthy Homes New Zealand has assessed tens of thousands of properties and we are now conducting re-assessments and annual compliance checks for clients for a variety of reasons. In our experience, the simple answer is that all aspects of the property will fail at some point. Ground Moisture Barriers will fail under heavy rain, causing them to come unsecured or waterlogged. Underfloor insulation can and regularly does fall due to the movement of the occupants and the house itself and ventilation ducting splits due to air pressure, movement of the house and just fatigue. As an example, below are photos of items clients were unaware of prior to our reassessment being undertaken.



With the increasing oversight by government agencies and a strong tenancy advocacy movement, adherence to ensuing properties stay at a level of compliance is clearly high on the agenda.


With this in mind, it is our belief that a Rental WOF is merely a Healthy Home Assessment re-assessed at the time of a new or renewed tenancy, or if that does not occur then every 12-24 months. This provides our clients with the evidence and confidence that they are meeting the standards and should more enforcement be enacted they have the documentation to prove it.

For properties Healthy Homes NZ has previously assessed, our re-assessment costs $149+gst (contact us for Property Manager pricing or if you have multiple properties you wish to have checked).

Should you like us to re-assess the property where another company has completed the initial Healthy Home Assessment, the cost is $199.00+gst for the first check and then all following checks are $149.00+gst (contact us for Property Manager pricing or if you have multiple properties you wish to have checked). 

The reassessment service includes an updated assessment report and an updated compliance statement ready to be signed and presented to the tenants, and of course also includes all the updated data integrated with your Palace account if you are using Palace software.

For more information or for sales material for your clients please email nathaniel@healthyhomesnz.co.nz or call us on 0800 34 34 33.

For properties yet to be constructed, we can work off the plans to complete the full Healthy Homes assessment and confirm specifications around heating requirements. A compliance certificate will also be issued if a property complies.

We have been assisting development companies nationwide and private home builders with their heating calculations prior to the heating and ventilation systems being installed, to make sure they comply with the Healthy Home Standards before the properties are built.

There are different specifications within the Building Code of Compliance compared to the Healthy Homes standards; we have seen in many new builds that the heating in particular is not sufficient enough for the open space(s) as per the formula which has been provided to us by MBIE and Tenancy services. While this would not cause an issue in construction, it would mean a landlord would be unable to rent the property should it be purchased as an investment property.

Our service ensures that new-builds are up to the Healthy Homes standards as well as approved building consent, so any that are purchased as investment properties meet the required regulations.

In accordance with the Tenancy Services and RTA, working smoke alarms are required in every rental property. If landlords don’t meet their obligations, they could face financial penalties of up to $7,200. If tenants don’t meet their obligations, they could face financial penalties of up to $4,000.

It is the landlords’ responsibility to ensure smoke alarms are working before every new tenancy begins and remain in working condition throughout that tenancy.

It is the tenant’s responsibility to change the batteries if needed. A slight beeping noise will sound if the batteries need to be replaced.

With our annual service, we can check that the smoke alarms are working correctly and can install new alarms if there are no alarms present, or if the current alarms are expired or broken.

Annual Subscriptions cost $86 +GST. This includes unlimited call outs for faulty alarms and replacements, and free installation of Cavius alarms when there are alarms missing or broken.

To ensure your tenants remain safe from the risk of fire, and to protect properties, it is important that each rental property has working smoke alarms. We will also conveniently carry out a smoke alarm check at the same time as a Healthy Homes assessment for no additional cost.

If you want someone to come and sort out your alarms but don’t want to sign up to a subscription, then a one- off smoke alarm check is $109+gst. This is a call out fee to inspect the property but does not include the cost to install alarms. This is an additional $45+GST per alarm.

For more information on this please get in touch on 0800 34 34 33, or via info@healthyhomesnz.co.nz.

Fines for Compliance Statements and Failing to Comply

If a landlord does not include a current Healthy Homes Statement of Compliance in a new or renewed tenancy agreement, they can then face a fine or infringement fee. We would like to share with you some points to be aware of, regarding reasons for fees and possibly how to avoid them and/or a tenancy tribunal. 

There is a fine of $7200 if a landlord fails to comply with any of the Healthy Homes Standards, whether the property is non-compliant on one or all of the standards. As of 1st July 2021 if a new tenancy has started and there is work needing to be done on the property to comply with the standards, this needs to be completed within 90 days of that tenancy starting. 

Tenants are entitled to request any information regarding the Healthy Homes Standards as these relate to the property they are living in. If the property manager/ landlord does not supply the information within 21 days of receiving the request, there is a fine of $750. Once again, the property manager/ landlord must fill out and attach a Statement of Compliance to any new, renewed or varied tenancy agreement.

We can help provide a Statement of Compliance through our Healthy Homes Assessments, and we issue a compliance certificate once all the remedial work has been completed sufficiently. We can help make a property compliant through providing estimates for maintenance work required, such as draught stopping.

There is also a fine for landlords providing a false or misleading statement or information. This has gone up from $500 to $900. This ensures that all information in the statement needs to be correct when that tenancy agreement is signed. 

The person who is liable for this fine is whoever is named on the tenancy agreement as being the person letting the property out, so it could be the landlord’s name or the property management company; something to be mindful of.

More information around this can be found at: https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM95099.html

For further questions or more info, please contact our team on 0800 34 34 33

Houses built or that had work done on them between 1950 and 2000 are quite likely to contain some asbestos. Anyone who plans to undertake work on a property needs to be aware that any works on the fabric of a building may risk disturbing asbestos and releasing tiny asbestos fibres which can cause lung disease and cancer. Asbestos is considered to be a “contaminant”.” The Health and Safety at Work (Asbestos) Regulations 2016 require PCBUs (Persons Conducting Business or an Undertaking) to know the location and condition of asbestos containing materials (ACMs) in their property and to prepare an asbestos management plan for any work involving a risk of exposure to respirable asbestos fibres. (N.B. A homeowner doing minor DIY work around their home is not bound by the regulations in the HSWA but should always be mindful of their own and their family’s health and safety before embarking on any projects). 

Residential landlords, property managers, and building contractors are considered to be PCBUs under the Act. As such they have a legal responsibility to ensure the health and safety of everybody involved with or affected by any work undertaken on a property and to support this with the required documentation.

Healthy Homes New Zealand in partnership with Precise Consulting and Laboratory provides professional asbestos analysis, planning and surveying for residential and commercial properties across NZ, to meet the requirements under the HSWA.

The tools that are available through HHNZ

If you are a homeowner and feel confident to take samples yourself you can find step by step instructions on the HHNZ website.

We are able to analyse and provide results on sample/s collected by you within 48 hours of the sample/s being received at the laboratory.

However, if you are going to embark on a DIY project we do advise that you get a competent person to check what you are doing and if necessary get a sample taken by them before you start work to keep you and your family safe.

We can send a qualified sampler to take your samples; analysis and results are provided within 48 hours.

This spells out where asbestos is located on a property and how risks will be managed. It must be in place before any work is done that might create risks from asbestos.

There are 3 types of surveys. These use sampling methods that are intrusive as asbestos can be hidden in difficult to locate places: steps are taken to mitigate any issues or risks.

  1. Asbestos Management Survey. Designed to locate asbestos so you know what to do should asbestos materials become damaged or you plan minor works. The report specifies where the asbestos is found, the condition it is in and what to do next.
  2. Asbestos Refurbishment Survey. Designed to locate asbestos before major work to change or upgrade a property is done.
  3. Asbestos Demolition Survey. Designed to locate asbestos in a property before it is demolished. It can also be used to give clearance to the area once demolition is complete.

For more information contact Leanne or Claire on 0800 34 34 33.