Tenancy Services HH Compliance Statement requires WALL insulation details

[simongu]

I am starting to prepare my HH Compliance Statements for the 1-Dec deadline, and using the Tenancy Services model compliance statement on their website as a reference point (https://www.tenancy.govt.nz/assets/c...-statement.pdf)

To my surprise, it has a section in there regarding WALL insulation. It does state "wall insulation is not compulsory in rental properties. You only need to include this information if it?s known" but then further down in the same section "The landlord must specify what information he or she has been unable to obtain in relation to the location, type and condition of any ceiling, underfloor or wall insulation, why they have not been able to obtain this information, and confirm that all reasonable efforts have been made to obtain the information."

I have rechecked the latest version of the regulations, and there is no mention of any requirement to report wall insulation, and as such they have no power to compel LL's to make any effort, let alone reasonable ones. Given that failure to comply with these regulations (including reporting) is now accompanied with hefty fines I do not think we can just let this sneaky / sloppy scope creep in compliance reporting just slide by

Anyone else have any other information or thoughts on this?

[erinak]

Good question Simongu. It's getting to the stage where you wonder how far LL's go to all this effort and care of their property. Then run the risk? (hopefully not) of getting the right tenant/s.

[Don't believe the Hype]

We're doing all our assessments now and have bought up all the main components we will require anticipating a shortage. These assessments are very comprehensive and in my opinion over the top. We're finding the process is taking up to 5 hrs end to end.

We're doing these ourselves vs. letting our PM or a 3rd party to do the work.

We're meeting the tenants and explaining that the assessment we're doing is based on upcoming legislative requirements and that we will be upgrading the property to the new standard and resetting the rent to market rent as part of the process.

This will be distressing for some tenants.

As an example we have some tenancies that have been in place over a decade. They've been good tenants, they have looked after the property and are happy with the house as is... they don't get the choice to stay in the property as is and are now FORCED to accept the changes mandated by the government.

In some cases the rent will be increasing $150/wk as in the past we have chosen to keep rent increases to a minimum and well below market for long term tenants who have proven to look after our properties.


This reset of the rules and the rents will hurt these tenants - if they can afford to stay and choose to stay over the next decade or so they will end up below market rent again but the real cost to them will be far higher than it need be but they can thank Cindy and Photo op Faffoi fot that.

[Sanya]

I'm getting a third party who holds appropriate certifications to do my HH certifications.

The most annoying outcome so far has been the need to upgrade some existing heat pumps which are not deemed of sufficient heating capacity for the living room.

Some of my properties don't have wall insulation but still pass certification because its not compulsory.

Simongu - the advice I've received is that tenant certificates should use a comments field to clarify compliance. For example, a home without wall insulation should note compliance is based on the presence of compliant underfloor and ceiling insulation.

[Don't believe the Hype]

what are the appropriate certifications need to undertake the HH inspections?

clipboard management?
MS Office level 1?

[Sanya]

what are the appropriate certifications need to undertake the HH inspections? [...]

Accredited and independently performed one’s that stand a chance of satisfying a tenancy tribunal that a landlord had reasonable grounds to believe their rental was healthy homes compliant when a disaffected tenant reports it as substandard.

[simongu]

Agree with Sanya re having a comments field to clarify compliance - that is as per the Tenancy Services standard format. But although you are stating it as an example, I will not be mentioning anything about wall insulation compliance or otherwise, as they have no right to ask the question. Though even my Barfoots property manager advises they are waiting for MBIE to clarify "requirements" but dont understand how - they cant ask for anthing not in the legislation

[Don't believe the Hype]

Accredited and independently performed one’s that stand a chance of satisfying a tenancy tribunal that a landlord had reasonable grounds to believe their rental was healthy homes compliant when a disaffected tenant reports it as substandard.

I'm happy to put my self audit up for scrutiny by any adjudicator at the sub standard TT any day... I will have no problem documenting & defending my position.

I'm certainly not going to run scared by any thuggery by this current government of their appointed cronies.

There is no requirement for an independent assessment... and I'd question the independence of a report that you commissioned and paid money for... send me a cheque and I'll provide you a report saying whatever you want it to say.

But good luck with your accredited and independent reports.

[simongu]

Agree 100% - especially since the assessment reports that I have seen all seem to come accompanied with quotes to remedy any perceived "issues" (which are mostly BS eg need to install heat pump in apartment building with central system), so conflict of interest is rampant.

[Sanya]

Agree with Sanya re having a comments field to clarify compliance - that is as per the Tenancy Services standard format. But although you are stating it as an example, I will not be mentioning anything about wall insulation compliance or otherwise, as they have no right to ask the question. Though even my Barfoots property manager advises they are waiting for MBIE to clarify "requirements" but dont understand how - they cant ask for anthing not in the legislation

To be clear, wall insulation is not specifically mentioned in the “Healthy homes standards compliance summaries” I’ve had done so far. However, for each of the components i.e. heating, insulation, ventilation, moisture ingress & drainage and draft stopping along with the compliance status a clarifying note is added. In most cases for insulation a comment along the lines of “underfloor and ceiling insulation are compliant” is added for clarity and transparency and also for the benefit of the PM who during the marketing of a property may be asked by a prospective tenant which parts of the building envelope are insulated.

[simongu]

Sounds good, thanks

[Sanya]

I'm happy to put my self audit up for scrutiny by any adjudicator at the sub standard TT any day... I will have no problem documenting & defending my position.

I'm certainly not going to run scared by any thuggery by this current government of their appointed cronies.

There is no requirement for an independent assessment... and I'd question the independence of a report that you commissioned and paid money for... send me a cheque and I'll provide you a report saying whatever you want it to say.

But good luck with your accredited and independent reports.

Self-audits sound like an oxymoron.

Motivated by self-interest, some landlords are bound to get creative with their compliance summaries and regulation will be the response. Buy now or buy later.

[Don't believe the Hype]

Self-audits sound like an oxymoron.

Motivated by self-interest, some landlords are bound to get creative with their compliance summaries and regulation will be the response. Buy now or buy later.

Only for people with no integrity... I wonder if the the attitude is a function of self reflection.

Good luck with your qualified HH people