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Are heat pumps a requirement according to the law? (File photo)
We’re putting your renting and tenancy questions to a panel of experts. To ask your question, email [email protected]
Today, our expert is David Faulkner, the general manager of property management for Property Brokers, who has worked in the industry for nearly two decades and has been involved in the development and delivery of the New Zealand Residential Property Management Level 4 qualification.
Q: We have been in the same rental property for the last 3 years. We requested a heat pump in our lounge – we have a baby, and we really need a heat pump to keep the house warmer.
But when I contacted the property manager, he replied that a heat pump is not yet a requirement according to the law. I am not sure – has the law changed yet or not?
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A: I empathise with your position. Every New Zealander deserves the right to a warm and dry home. Regarding the dates of compliance for healthy home standards, these dates have not changed.
It sounds as if you are on a periodic tenancy. If that is the case properties must comply with the standards by the 1st of July 2024. For all new and renewed tenancies they must comply within 90 days of the commencement of the tenancy or when the fixed term tenancy was renewed. That came into effect in July 2021.
Therefore, the property you are living in will have a different date of compliance compared to new or renewed tenancies.
Does that mean that you have to tolerate a cold home for the next two winters? Absolutely not. Firstly, the landlord needs to ensure that the property is well maintained and is insulated to healthy home standards.
Does your home have any heating? If not there is a little known and old piece of legislation that has been successfully used in the Tenancy Tribunal regarding heating.
The Housing Improvement Regulations 1947 was designed to ensure that there were minimum standards to housing post-war as the country found itself in a similar situation as we are today.
Property Brokers/Supplied
David Faulkner is the General Manager of Property Management for Property Brokers.
The country suffered from a lack of sufficient and quality housing. This piece of legislation is written into New Zealand law and is still relevant today. In there it states that every property must have an approved form of heating.
What does it mean by approved? It is dependent on your local council, but common sense would say that a heat pump would suffice. My suggestion would be to raise this with your property manager and this will prompt them to act.
The landlord is going to have to get this done anyway, so what is the point of waiting for another two years? Hopefully common sense prevails and you and your whānau can be happy, warm and dry in your home.
For more guidance on heating and ventilation, check out the Tenancy Tribunal page here.
If you’re a renter, you can send your questions to [email protected]
Renters’ rights advice: My landlord refuses to install a heat pump — what are my rights? & Latest News Update
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