Healthy Homes Guarantees Bill

[Perry]

How will this affect you?

LABOUR'S PRE-ELECTION 100-DAY PLAN IN FULL:
* Pass the Healthy Homes Guarantee Bill

So what's in the Bill?

Healthy Homes Guarantee Bill (No 2)

Member’s Bill
Contents
Explanatory note
1 Title
2 Commencement
3 Principal Act
4 Section 13A amended (Contents of tenancy agreement)
5 Section 45 amended (Landlord’s responsibilities)
6 New section 132A and cross-heading inserted
Ensuring Healthy Homes
132A Function of Ensuring Healthy Homes
7 Schedule 1A amended

Explanatory note

General policy statement
This Bill amends the Residential Tenancies Act 1986 with the purpose of ensuring that every rental home in New Zealand meets minimum standards of heating and insulation. The Ministry of Business, Innovation, and Employment is to set the standards and landlords are to meet the standards.

Landlords already have obligations under the Residential Tenancies Act with respect to the properties they let out. However, there is no guidance about the specific standards they must meet to ensure warm and dry accommodation.

This Bill amends the Residential Tenancies Act to require the Ministry of Business, Innovation, and Employment to set minimum standards for heating and insulation in rental properties within 6 months.

The Bill also amends the Act to require all landlords to meet the standards.

These standards will ensure every home is warm and dry while allowing sufficient flexibility for practical implementation.

The requirement to meet the standards will apply to all tenancy agreements made within a year of the Act coming into force. The natural process of tenant turnover will see most tenancy agreements containing the requirement by the end of 5 years. At that point, all residential tenancies must meet the standards.

Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 is the commencement clause.
Clause 3 provides that this Bill amends the Residential Tenancies Act 1986 (the principal Act).
Clause 4 amends section 13A, which prescribes the contents of tenancy agreements. The amendment adds the requirement for agreements to include a statement that the premises meet, at a minimum, the standards published by the department.
Clause 5 amends section 45 to create a requirement for all homes to meet warmth standards after 5 years.
Clause 6 inserts new section 132A to require the department to set minimum standards of heating and insulation for residential premises within 6 months.
Clause 7 makes consequential amendments to Schedule 1A.

3 Principal Act

This Act amends the Residential Tenancies Act 1986 (the principal Act).

4 Section 13A amended (Contents of tenancy agreement)

After section 13A(1), insert:
(1A) Every tenancy agreement must also include a statement that the premises meet, at a minimum, the standards published on the department’s website under section 132A.
(1B) Subsection (1A) applies to the following tenancy agreements:
(a) an agreement made 7 days after the department publishes the standards on its website:
(b) an agreement in existence on the day that is 5 years after the date on which the department publishes the standards on the website:
(c) an agreement made after the day that is 5 years after the date on which the department publishes the standards on the website.
(1C) Failure by the landlord to comply with subsection (1A), or a breach of the guarantee in it, is declared to be an unlawful act.

5 Section 45 amended (Landlord’s responsibilities)

(1) After section 45(1)(ca), insert:
(cb) comply with the standards of heating and insulation under section 132A; and
(2) Replace section 45(1A) with:
(1A) Failure by the landlord to comply with any of paragraphs (a) to (cb) of subsection (1) is declared to be an unlawful act.

6 New section 132A and cross-heading inserted

After section 132, insert:
Ensuring Healthy Homes
132A Function of Ensuring Healthy Homes
The department has the function of preparing and publishing minimum standards of heating and insulation for residential premises, in accordance with the following:
(a) the standards must describe what constitutes adequate—
(i) methods of heating; and
(ii) methods of insulation; and
(iii) indoor temperatures; and
(iv) ventilation; and
(v) draught stopping; and
(vi) drainage; and
(b) the standards must describe what constitutes acceptable methods of measuring the adequacy of the matters referred to in paragraph (a); and
(c) the standards must specify the conditions under which a property may be exempted if it is not possible to modify it to meet the requirements; and
(d) the standards must be published on the department’s website as soon as is practicable and no later than 6 months after the commencement of this section.

Having an adequate standard is one thing. But who is responsible for turning on the heating?(iii) Or providing adequate ventilation?(iv) (E.g. opening the windows)

Home Sweet Home: How The Healthy Home Guarantee Bill Will Impact Rental Properties - 04/08/2016

While there is support from all sides of the house for improving the quality of housing in New Zealand it is clear that Labour and National both have two very different ideas on the best way to go about fixing the problem. The Labour Party claim that without proper heating that insulation would simply be a waste of money. Meanwhile, the [National] Government doesn’t believe it offers anything that isn’t already in the regulations apart from making landlords responsible for maintaining indoor temperatures. This is a provision National think is unworkable given the landlord has no control over whether or not the tenant uses any heating provided. National and Act favour a situation where all homes are well insulated but it is left to the individual to determine how much heating they want to pay for.

From Nanny State to Labour Granny State.

"Proper heating" is one thing. Properly turning it on is another.

[artemis]

MBIE is not bad at consulting relevant stakeholders. I'm thinking of putting in a submission proposing that landlords be required to install temperature monitors so that heating can be automatically turned on when temperature drops below the required minimum for more than say 30 minutes. Day or night, even if nobody is home. Of course the tenants will have to pay the power bill, plus also weekly rental of the temperature monitor. Any interference with the monitor or heating by the tenant to be an unlawful act and proper cause for eviction.

The monitoring unit could also include humidity monitoring. When humidity reached the level designated by MBIE to be 'not dry', tenants will be texted by MBIE or the landlord to open windows for ventilation until the humidity drops. If the monitoring unit does not detect the required drop in humidity within a specified time, tenants will be fined for each breach.

Unfortunately the temperature is also likely to drop. Rinse and repeat.

Reckon that will work?

[Perry]

In your dreams!

The Ministry of Bungling and Inappropriate Expenditure is there to crucify landladies and exonerate tenants - as far as it can possibly get away with that farce.

As for consultation, it will be like any other quasi-government consultation.

They'll consult:
They'll consider submissions;
They trumpet that they consulted before:
Doing what they planned to do, all along.

[Learning]

"apart from making landlords responsible for maintaining indoor temperatures"...

Simple,
Fix heating setting to acceptable temperature.
Word TA that heating must not be adjusted or turned off.
Pay power bill up to $50/wk.
Increase rent by $50/wk.
Done. Everybody's happy. Except maybe tenant for paying for heating regardless of need. But every tenant will be able to afford an extra $50/wk rent now minimum wage is set to rise another 75c/hr. The new government is so generous.

[sidinz]

The draught stopping one is a huge can of worms. Especially if the property is insulated and the tenants don't open windows. But hey, I guess they'll then just force the landlord to install and HRV system for the tenants to switch off. A merry-go-round where they'll keep forcing the landlord to spend more and more thousands on idiot-proofing the house while the mould grows merrily.

Speakimg of ventilation systems, am I right in thinking that draught stopping will kill the effectiveness of positive pressure systems, leaving landlords who installed them with an expensive white elephant?

[Keys]

Speakimg of ventilation systems, am I right in thinking that draught stopping will kill the effectiveness of positive pressure systems, leaving landlords who installed them with an expensive white elephant?

No, ventilation systems are brilliant. It pressurizes the property and the air will find a way out. Just like the bad smell dropped at the back of the bus eventually gets to your seat.

[Anthonyacat]

No, ventilation systems are brilliant. It pressurizes the property and the air will find a way out. Just like the bad smell dropped at the back of the bus eventually gets to your seat.

Absolutely - can you imagine a completely airtight home? For a start, it'd be a deathtrap.

[Learning]

Absolutely - can you imagine a completely airtight home? For a start, it'd be a deathtrap.

switch on the HRV as you leave for work in the morning. After a while the windows and doors start the bulge. The lightbulbs imploding with the pressure. When you arrive home from work you're killed by the door exploding out on to you as you turn the door handle. But you can rest in peace knowing you home was well insulated and draft free.

[Perry]

How Will It Be Policed?

Gale-force winds of change are set to start blowing around the Beehive
28 Oct 2017

Out of Labour's original 100 day plan goes . . . but Labour's urgent list still includes . . . laws to ban overseas housing speculators, cancel the Government's tax cuts, due to take effect in April, and replace them with Labour's family support package.

It takes effect in July and will include a "Winter energy payment" to pensioners and beneficiaries. It will be worth $450 a year for a single person and $700 a year for a couple or someone with dependent children.

Perhaps that's the way the "warm" part will be done?

Landladies already have obligations under the Residential Tenancies Act with respect to the properties they let out. However, there is no guidance about the specific standards they must meet to ensure warm and dry accommodation.

This Bill amends the Residential Tenancies Act to require the Ministry of Business, Innovation, and Employment to set minimum standards for heating and insulation in rental properties within 6 months.

The Bill also amends the Act to require all landladies to meet the standards. These standards will ensure every home is warm and dry while allowing sufficient flexibility for practical implementation.

Rising rent costs mean poorer households face much higher inflation

[Perry]

Own Your Own Home? Labour Gov't Not Interested.

Government passes Healthy Homes bill, requiring all rentals to be warm and dry
30 Nov 2017

After several tries in opposition, the new Government have passed a law requiring rentals to be warm, dry, and well ventilated. The law will require landlords to guarantee that any new tenancy from July 1, 2019 must be either properly insulated or contain a heating source able to make the home warm and dry. All tenancies must meet the new standards by July 1, 2024. The exact requirements are not in the bill, but will be set by the Government before 2019. Grants of up to $3000 will be available for eligible landlords to upgrade their stock.

National MPs criticised the bill from a number of fronts: contending that it did nothing to help the half of New Zealanders who lived in homes they owned, that it was unclear how much it would end up costing landlords, and that it did little that the previous Government was not already doing. "If it solved the problem we'd be all for it,but there's no evidence yet that the massive investment will do much for most of the houses they are targeting," Woodhouse said. "Seventy-five per cent of rental properties are in the ownership of people who have two or fewer. And they are just going to say that its too hard - this will have a chilling effect on the rental market."

The fun begins.

[Learning]

Either properly insulated or heated to warm and dry?

[MichelleNZ]

I would think that in regards to indoor temperature, it will be the landlords obligation to provide the means for ensuring the property can be kept at a certain temperature (18C by WHO recommendations). This could be achieved by installing a heat pump and keeping it in working condition like you do ovens. It would then be the tenants obligation to ensure the property uses this not only to keep themselves warm/cool but to effectively care of the property preventing mould and other moisture related maintenance for the landlord. If they don't, then that could fall under intentional rather than accidental damage right? And the Tenancy Amendment Bill No2 is addressing the Osaki Ruling among other things, and there are hopes this will pass into Law right behind this one.

[Bob Kane]

It's a bit loose, isn't it.
Does this mean I don't need to install insulation if I have a source of heat fixed to a wall?
Sweet.

[artemis]

Either properly insulated or heated to warm and dry?

That is not what the Bill says. There is a list of requirements and the new standards may apply to any of them.

[artemis]

I have heard from MBIE that they expect to call for submissions closer to the middle of this year. If you want to be added to the mailing list use this email address:

[email protected]

I will post details as I hear.