Statement of Compliance – Warrant of Fitness

The answer is Yes.

Speaking frankly, it is unfortunate that the government adopted such a staggered, stop-start approach to settling on the final set of standards. This has meant multiple assessments, already, as you met earlier compliance deadlines relating to the install of smoke alarms and insulation.

However, the government has now imposed the Healthy Homes Standards on all New Zealand landlords to produce precise information in a format that the legislation dictates. The detail as to what is required includes specific formed statements that must include evidence (photographs and documents) to show the current level of compliance for each of the 5 areas of the Healthy Homes Standards.

MBIE has put together a National Compliance Team to investigate and audit non-compliance of the Standards and there are extensive fines being imposed for non-compliant properties.  This includes not having the right statements and checks in place.  These fines can be leveraged against both the owner and the property manager.  This is certainly a part of the reason why we made decision to employ an independent company to carry out our audits, on your behalf – To ensure we are not seen to be bias in any way should there be any issues with the property, or, with the way tenants are living in your property.  You can rest assured that this independence will deliver ten-fold if ever a tenant should seek to make claim for proof against a landlord.

To assess if a property meets standard (given the calculations and requirements) is not as simple as checking if something is there or not. For example – the correct form of heating requires a number of factors being calculated, age of property, floor area, wall sizes, windows etc and these are all entered into a heating calculator to decipher what is the acceptable form of heating allowed; and, for insulation, the auditors are also required to provide photographic evidence and measurements that not only has insulation both in ceilings and underfloor been installed as per the manufacturers’ instructions; but, to ensure it has not become wet, or disturbed by rodents, or other problems that can occur over time.

Put-simply, we are not resourced to meet current requirements of Health and Safety legislation to be asking our staff to climb into ceilings and underfloor. To become so, and, allocate the necessary staff numbers, and time to each assessment would have cost a huge amount more than the assessment and report fee negotiated with our approved contractors.

You will then please need to provide us with evidence that your property complies with the Healthy Homes Standards for the satisfaction of Ministry of Business, Innovation and Employment (MBIE) and in the event the tenant or courts require evidence of such compliance.

Required Evidence consists of:

• Healthy Homes Statement – this needs to be completed for your property
• Heating Assessment and Calculation: As per Healthy Homes Standards
• Photographic Evidence and Reporting to back up the information provided for each of the 5 standards.

You are, of course, welcome to arrange this independently; and, we please just need close contact from you in these regards.

We certainly want no client to feel undue pressure, as these requirements are worked through.

There is much more in the requirements of the Healthy Homes Standards than insulation and heat pumps:

• Ground moisture barriers
• Range-hoods & extractor fans (in all bathrooms) all ducted to outside with correct ducting and extraction capacity
• Adequate drainage around the property
• Minimum ventilation in rooms (window opening area) in comparison to room size
• Draught stopping if and where required.

This will all be required to be evidenced that it meets the standards, how the data was collected (along with how the area heat loss was calculated) and be outlined in all future tenancy agreements in a statement. Information will need to be evidenced and updated on a regular basis (with special note that it is Goodwins’ intention, in-time, and wherever possible that this process of update will be managed in-house).

There will be a detailed report issued after the inspection is completed and your property manager will forward this to you, for discussion on any areas of non-compliance, or, concerns the report may highlight.

From 1 July 2021 all private rentals must comply with the healthy home standards within 90 days of any new or renewed tenancy; and, from 1 July 2024 all private rentals must be compliant.

However, it is important to remember that all rental properties must comply now with the Residential Tenancy Act which states:

The landlord shall –

(a) Provide the premises in a reasonable state of cleanliness; and

(b) Provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes; and

(ba) comply with all requirements in respect of smoke alarms imposed on the landlord by regulations made under section 138A; and

(bb) comply with the healthy homes standards; and

(c) comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises