Rental property compliance
Question from Ken updated on 2nd February 2018:
Can a property be leased / rented if it has no code of compliance certificate?
Our expert Steve Watson responded:
Under the Residential Tenancies Act, landlords have an obligation to ensure that the premises comply with all of the relevant health, safety, and building requirements that apply to the premises. This includes (but is not limited to) any requirements under the following laws:
- The Building Act 2004 and Building Code;
- The Health Act 1956;
- Housing Improvement Regulations; and
- Bylaws made under the Local Government Act 2002.
Where a tenancy is in place and the property is not compliant, there are steps a tenant can take, including:
- discussing the concerns with the landlord
- contacting the local council to obtain documentation detailing whether the property is compliant
- if appropriate, giving the landlord a written notice to remedy the problem
- making an application to the Tenancy Tribunal if it is established that the property has been rented but does not comply with the applicable regulations.
If a premises does not have a Code of Compliance certificate it may not meet requirements. A landlord should discuss this matter with their local council to ensure the premises are safe for use and will be a habitable rental home.
Further information can be viewed on our website at https://www.tenancy.govt.nz/maintenance-and-inspections/laws-and-bylaws/. For more on the rights and responsibilities of landlords and tenants, go to www.tenancy.govt.nz.
The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.Search the Ask an Expert archive
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