A property manager will ensure your property is regularly checked for any damage or wear and tear\ and will have a selection of reliable tradespeople they can call on to do maintenance work.

Fair wear and tear
A tenant is not responsible for normal wear and tear to the property, or any chattels provided by the landlord when they use them normally. The tenant is responsible for any intentional damage.

Chimneys
Cleaning the chimney is the landlord’s responsibility. The tenant remains responsible for cleaning the ashes from the hearth. The landlord must have the chimney swept and checked at least annually to make sure it’s safe. (A landlord’s insurance policy for the property will often not cover the property if the chimney is not swept at least annually).

Lightbulbs
Both landlords and tenants can be responsible for light bulbs, as they are not covered by the Residential Tenancies Act. However, if the landlord supplies light bulbs and the tenant takes them at the end of the tenancy, or damages them intentionally, the tenant may be responsible for replacing them.

If the light bulbs remain in place but have blown, responsibility is less certain. Standard light bulbs may be seen as consumables and replaceable by the tenant or may be seen as fair wear and tear and replaceable by the landlord.

Non-standard light bulbs – which may be more expensive or are tricky to fit – may be the responsibility of the landlord. If a light bulb of this kind blows, it’s likely to be treated as fair wear and tear.

Maintaining heaters and ventilation systems
Landlords are responsible for maintaining any heaters and ventilation systems but although landlords are responsible for maintenance, tenants are required to keep the rental property reasonably clean and tidy, and this includes cleaning heat pump filters or heaters installed to meet the healthy homes heating standard or supplied as part of the rental property. Landlords may be required to have appliances such as heat pumps or ventilation systems serviced regularly as part of their warranty conditions.

Landlords must agree before tenants make any changes to the property.
Tenants can’t renovate, alter or add major fixtures to the property unless the landlord agrees. Any changes must either:
• be in line with the tenancy agreement, or
• the tenant must have the landlord’s written consent, but it is important to note that the landlord can’t unreasonably withhold consent.

Before the tenancy ends, the tenant can remove any of their fixtures, unless this would cause irreparable damage to the premises or the agreement from the landlord was conditional upon it remaining and becoming the property of the landlord at the end of the tenancy. Fixtures are things that are fixed in position (such as garden sheds, spa pools, heat pumps, security alarms or lights, clothes lines and panel heaters).

Any fixture put up by a tenant and not removed at the end of a tenancy becomes the property of the landlord. But this doesn’t apply if a different agreement exists, or the landlord has led the tenant to believe that the tenant can remove the fixtures after the tenancy ends.

If the tenant causes damage when removing the fixtures, the tenant should tell the landlord. The landlord should then tell the tenant whether they want them to repair the damage or negotiate compensation.

Minor changes to the property include fixtures like:
• curtains replacing corded blinds
• visual fire alarms and doorbells
• baby-proofing, e.g. a baby gate,
cord tensioners or cord cleats for corded blinds
• earthquake-proofing, e.g. securing a bookshelf to the wall.

Exterior
Both landlords and tenants are responsible for maintaining the outside of the house.

The landlord is responsible for outside cleaning and maintenance tasks such as house-washing and gutter cleaning. The landlord is also responsible for maintaining trees, shrubs and hedges as they may require special care or knowledge to maintain.

The tenant can do outdoor cleaning tasks like window cleaning (if the windows are easily accessible, not apartment buildings or multi-level houses) and includes mowing the lawns and weeding the gardens as part of their responsibility to keep the property reasonably clean and tidy. It is a good idea to discuss this topic in detail at the start of the tenancy and note what is agreed on the tenancy agreement to avoid misunderstandings.

Source: Ministry of Business Innovation and Employment

For more information visit:
REGULAR MAINTENANCE
LOOKING AFER LAWNS AND GARDENS
HEATING AND VENTILATION

The Housing Improvement Regulations 1947 set out the minimum requirements for housing, with the local authorities responsible for enforcing the minimum requirements under the Act. Effectively, a property must meet all these requirements unless it complies with the equivalent Building Code Requirements at the time it was built.

These regulations define a habitable room as any room which is used or intended to be used, or, in the opinion of the local authority, is capable of being used, as a living room, dining room, sitting room, or bedroom; and includes a kitchen having a floor area of 80 square feet or more, but does not include a room constructed and used as a garage. Therefore, a living room can be the lounge, dining, kitchen, or a combination of these spaces depending on the property’s layout according to the Healthy Homes Standards.

The Healthy Home regulations require that the largest room used for general everyday living be used as the living room in terms of measuring heating capacity. Properties that only have heating in the smallest living area are likely to fail the heating standard, as the heating is required in the larger living area. An example of this could be that the kitchen/ dining area is the largest living area and not the lounge/living room, so heating will be required in the kitchen/dining area.

The Healthy Homes Standards set specific and minimum requirements, and landlords can choose to provide heating over and above the minimum standards, heating other parts of the property and not only the main living room. This will ensure a dryer, warmer, healthier home, and one that is likely to be more attractive to tenants.

When a landlord decides to sell a rental property, they must tell the tenant in writing. Harcourts also recommends that this news should be given to the tenant either in person or on the telephone so that the tenant feels respected and involved in the sales process and has the opportunity to ask any questions they may have.

Selling a property can be stressful, and perhaps even more so when there is little benefit for the tenant due to the uncertainty that a potential sale provides. Communication and negotiation with the tenants are important factors to facilitate a successful sale and reasonable access to the property. Once everyone has agreed to a schedule of access and what type of access is agreed to, it is recommended that this is put in writing and signed by everyone involved.

There are three different scenarios that could apply when a landlord sells a tenanted property.

Scenario 1: Selling a tenanted property and the purchaser takes over as landlord.
The landlord sells the property to a purchaser who continues to rent the property to the existing tenants. The purchaser then takes over the tenancy as the new landlord. The conditions of the tenancy are not affected in this scenario. Note that without vacant possession being part of the unconditional agreement, the purchaser may not be entitled to a pre-settlement inspection.

Scenario 2: Selling a tenanted property where the purchaser wants vacant possession.
The landlord sells the property to a purchaser who wants vacant possession on settlement. This must be a  requirement of their unconditional agreement for the sale of the property.

If the current tenants are on a periodic tenancy, the landlord must give at least 90 days’ written notice to end the tenancy so that the property will be vacant on settlement. This may affect the settlement date for the property sale. It is highly recommended that there is a period of vacancy between the tenant vacating and settlement so that a final bond inspection can be carried out and any repairs or cleaning attended to.

If the current tenants are on a fixed-term tenancy that was granted on or after 11 February 2021, the landlord can end the tenancy on the expiry of the fixed term (or later) with 90 days’ written notice if the sale of the property has a requirement that the landlord gives the purchaser vacant possession. If the fixed-term tenancy was granted before 11 February 2021, the landlord can end the tenancy on the expiry in accordance with the rules that were in place before the February 2021 law changes. A fixed-term tenancy cannot be ended early by the landlord or tenant unless the tenant agrees in writing to end it. If the tenant doesn’t agree, the property must be sold with the tenant and tenancy in place (see Scenario 1).

Scenario 3: Selling a property once the tenant has vacated:
If a landlord wants to put a rental property on the market without the tenant residing at the property, the
landlord must give the appropriate notice to the tenant depending upon what type of tenancy they have, and they are required to put the property on the market within 90 days of the tenancy termination date.

If the current tenants are on a periodic tenancy, the landlord must give at least 90 days’ written notice to end the periodic tenancy.

If the current tenants are on a fixed-term tenancy that was granted on or after 11 February 2021, the landlord can end the tenancy on expiry (or later) with 90 days’ written notice.

If the fixed-term tenancy was granted before 11 February 2021, the landlord can end the tenancy on expiry in accordance with the rules that were in place before the February 2021 law changes. Marketing of the property must not commence until the tenancy has terminated, if the reason to terminate the tenancy was so that the property could be marketed for sale without the tenant residing at the property.

It is important to note that for any of the above scenarios, a tenant on a periodic tenancy can give the landlord 28 notice to terminate their tenancy if they receive a notice of termination from their landlord.

Access to the property
Landlords must get the tenant’s permission before entering the property to take photos. The tenant can refuse to allow photographs of their personal possessions. Landlords must also get the tenant’s permission to show potential purchasers through the property, as well as professionals like a registered valuer, real estate agent or building expert.

Tenants can’t unreasonably refuse access, but they can set reasonable conditions. They may:
• limit access to certain days and times of the week
• refuse open homes and auctions at the property.

Tenants can insist that the property be shown to potential purchasers by appointment only. They can also ask for a temporary rent reduction in return for permitting open homes (the landlord does not have to grant this). Tenants have the right to be always present at the home, including during open homes.

Harcourts recommends that landlords consider a temporary rent reduction when selling their property with a current tenant, as an act of goodwill designed to appease the tenants during the sale process, resulting in a higher level of cooperation.

If you are considering selling, remember to speak to your local Harcourts property manager. They will be able to assist you with the sales process from the beginning and enable you to achieve the best possible result.

Wild weather can cause damage at your rental property. Find out what to do if your rental needs repairs after extreme weather or a natural disaster.

Landlords are responsible for maintaining the property in a reasonable condition. This includes fixing any damage caused by severe weather or a natural disaster.

If the rental is damaged by flooding, the landlord is responsible for drying the property if it has water damage and paying for costs to repair the damage. This might also include paying the tenants for electricity charges to run a fan, dehumidifier, or heater to dry the property.

For Landlords (and property managers):
• Contact the tenants to check everyone is safe and discuss any damage.
• Discuss with the tenant what safe and practical measures could be done to prevent any further damage, or to secure the property until the repairs can be done.
• Ask a professional when they can make the repairs and if it’s safe for the tenants to stay in the property while it’s being fixed. Let the tenants know how long the repairs are expected to take, and make sure you give the correct notice to enter the property.
• Have a good knowledge of your insurance policy and what it covers. Talk to your insurance company
about making claims.

For Tenants:
Tenants should speak to their landlord as soon as they can to let them know about any damage or need for repairs. If they don’t tell their landlord about damage within a reasonable time, they may be liable.
• If it’s safe and practical to do, there may be things they can do to help prevent further damage. For example, covering a broken window to keep rain out of the house until repairs can be done.
• If a tenant has tried talking to their landlord about the damage and they don’t do the necessary repairs,
they can send their landlord a notice to remedy. This notice tells the landlord what they believe they have done to breach their obligations under the Residential Tenancies Act 1986, what the tenant would like them to do to fix it, and a reasonable time frame for them to do it (normally a minimum of 14 days).