Insulation statements in tenancy agreements

[Wayne]

Yeah - well, we all know the likely IQ levels and pedanticism of those you're dealing with.

I think Keys is suggesting that he had 'forwarded' the bond to TS - they returned it but he has fulfilled his obligation under the RTA.
He forwarded it - they just didn't keep it.

[Nice]

I suspect that to combat this they don't actually return the money/cheque. They bank it as usual and write to you via slow camel to advise you have made an error and suggest that you fix it.

[Wayne]

I suspect that to combat this they don't actually return the money/cheque. They bank it as usual and write to you via slow camel to advise you have made an error and suggest that you fix it.

Well Keys said
"I have forwarded the bond to MBIE and they have returned the forms and cheque as" (my bold)

[Keys]

Yip, got the cheque as well.

[Perry]

I think Keys is suggesting that he had 'forwarded' the bond to TS - they returned it but he has fulfilled his obligation under the RTA. He forwarded it - they just didn't keep it.

Yes - I got that.

It reminds me of the first time I saw a piece of legalese that went something like:

Pursuant to your application . . . I give to you, and you agree to accept zzzzzzzzz

I had that explained to me by a legal beagle. What was being given had been asked for. The idea that once it was given, it might be declined (despite being asked for) was a revelation to me.

Just like Keys et al, I do wonder if he has met the RTA timeline obligations, despite it being returned? Or even the payment requirements, for that matter?

[PTWhatAGreatForum]

Just remove a few light switches and power points and have a look... So obvious now you think about it....

[Learning]

Just remove a few light switches and power points and have a look... So obvious now you think about it....

Yeah, yeah.... I should've said.
(The third post of the thread)

[propertynewb]

http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11929728

Curious if anyone is waiting until the last minute to insulate? Had mine done recently in HB although it took three months due to the company being busy, needing a new manhole cut into the roof and some moisture under the house to be sorted out.

[flyernzl]

FARM HOUSING MUST BE INSULATED

Farm housing come under the RTA and as such must be insulated to meet the new standards.
https://www.stuff.co.nz/business/far...for-insulation - 12 March

Looks like yet another unforeseen consequence.

[Sanya]

My advise is get a EECA accredited agency through to do an insulation inspection on each property. Cost is usually low (circa $50) and some even allow that to be offset against the bill for insulation improvements. The benefit of a professional inspection agency is the compliance certificate you receive at the end of the job which can be attached to tenancy agreements.

Don't leave it till the last minute to get the work done. Costs and time to install are certain to increase.

[flyernzl]

If you are currently a member of the Auckland property Investors Association, The Insulation Warehouse will carry out an on-site-inspection and provide either a certificate of compliance, a certificate that the property is exempt, or a quote to supply and install - at no charge.

Yet another benefit of PIA membership!

[Wayne]

FARM HOUSING MUST BE INSULATED

Farm housing come under the RTA and as such must be insulated to meet the new standards.
https://www.stuff.co.nz/business/far...for-insulation - 12 March

Looks like yet another unforeseen consequence.

Why would that be unforseen?
They rent, the rental comes under the RTA therefore the same rules for everything apply.

[zackxx]

Home Insulation upgrade scam to meet new RTA legislation?

If you are currently a member of the Auckland property Investors Association, The Insulation Warehouse will carry out an on-site-inspection and provide either a certificate of compliance, a certificate that the property is exempt, or a quote to supply and install - at no charge.

Yet another benefit of PIA membership!

I work overseas. My property manager just sent me a $745 quote to "upgrade" my home insulation to meet the revised Residential Tenancies Act.

Insulation installation companies up and down the country are now providing these "free" inspections to see if current insulation levels meet the new RTA legislation. Given the inherent conflict of interest you can guess that in most cases the insulation "won't meet the new criteria" and work "will have to be done". They will then provide an "Insulation Statement" for an additional $85 fee. I nice little income earning racket if you ask me.

I cannot find independent insulation assessors that are not also selling insulation but found out (without the help of my property manager) that Landlords can do their own signed assessment filling in a Insulation Statement template form you can download from Tenancy Services. My property manager has only ever framed it implying that you cannot do a self assessment but need to get a 'professional" assessor in and you cannot avoid paying the $85 fee (if not more to get 'compliance' work done) raising my suspicions if they were also in on this nice wee income earner.

I searched a few of these companies online to find a lot are using veiled threats saying things like "get the upgrade done before 1 July 2019 to avoid the last minute rush and avoid a $4000 penalty for non-compliance".

Reading the fine print in the RTA, insulation that was installed before 1 July 2016 the "R Values" do not need to meet the increased values for insulation required if installed before that date but do need to adhere to an earlier less stringent standard. This little factoid is conveniently left out of the quote for my property insulated when built to 1998 standards and then upgraded in 2010 to take advantage of a govt subsidy at the time for heat pumps. Because of this upgrade it is quite easy to assess the insulation levels from certificates the insulation installer attaches to roof and underfloor timber framing.

Consumer NZ doesn't have much info on the matter but my guess is that if landlords don't have some background in the building industry or relying solely on a property manager to get things done they are setting themselves up to being ripped off. I see that some tenants have taken landlords to court to compensate them for higher electricity bills due to non-conforming insulation and/or misleading Insulation Statements.


UPDATE: From this website I see that there are only 74 qualified "Certified Home Performance Advisors" across the country. Of the 6 advisors located in the Auckland region only one claims to be "independent" the others seem to be aligned with companies also selling products and insulation related services. Two listed are aligned with Auckland City Council and claim "free" advice. This then raises the question: of the plethora of insulation companies doing rental insulation assessments how many of these have people are actually qualified to an accredited standard?

[artemis]

We have done our own using the Tenancy Services template. Handwritten and a copy attached to each new tenancy agreement. Not too hard (if local!).

Just added extra notes where insulation not possible or not required or not accessible to measure. Point being it might not be completely accurate, not being experts, but it is obviously a sincere attempt to meet the rules. Can't imagine it would be a fail in the Tenancy Tribunal.

[Perry]

I see that some tenants have taken landlords to court to compensate them for higher electricity bills due to non-conforming insulation and/or misleading Insulation Statements.

Where did you spot that?