The landlord’s Healthy Homes checklist: what to have, and what it costs to get wrong

Heating

• One or more fixed heaters directly heating the main living room — a plug-in portable heater does not comply
• The heater is an acceptable type — open fires, unflued gas heaters and most electric resistive heaters over a certain size do not qualify
• The heater meets the calculated minimum capacity for that room, run through the Tenancy Services Heating Assessment Tool
• Where multiple heaters are used, at least one meets the required proportion of capacity
• Record the calculation and the heater specification

The capacity calculation is the most common failure. A heater being present is not the test.

Insulation

• Ceiling insulation to the required R-value, or existing insulation in reasonable condition meeting the minimum
• Underfloor insulation to the required R-value where the subfloor is accessible
• Insulation is dry, in one piece, and correctly fitted with no gaps
• Record the installer’s statement, R-values and product specification

Ceiling and underfloor insulation has been compulsory in all rentals since 1 July 2019. The Healthy Homes standard builds on that, so insulation installed before then may need topping up.

Ventilation

• Every liveable space has a window, door or skylight opening to the outside, which can be fixed in the open position
• Openable area is at least the required proportion of the floor area
• Extractor fan in every kitchen, venting outdoors, meeting the minimum duct diameter or exhaust capacity
• Extractor fan in every bathroom, same
• Record fan specifications and installation

Windows and extractor fans are separate requirements, not alternatives. A kitchen with a window but no extractor fan does not comply. This is the most common genuine breach.

Moisture ingress and drainage

• Efficient drainage for stormwater, surface water and groundwater
• Guttering, downpipes and drains intact and directing water away from the building
• A ground moisture barrier installed where there is an enclosed or partly enclosed subfloor and it is reasonably practicable
• Record installation

The ground moisture barrier is the highest-impact invisible item on this list and the one most often skipped on older housing stock.

Draught stopping

• Unreasonable gaps and holes in walls, ceilings, windows, floors and doors that cause noticeable draughts are blocked
• Unused open fireplaces and chimneys are blocked or closed off, unless the tenant agrees in writing to keep them open
• Record what was done

The paperwork

• A signed Healthy Homes compliance statement in every new, renewed or varied tenancy agreement, stating current compliance with each standard — up to $500 per tenancy if omitted
• Records retained of every assessment, invoice, product specification and installer statement
• Ability to respond to a tenant’s request for compliance information within 21 days

Tenancy Services publishes a compliance statement template and a landlord toolkit.

Exemptions

Exemptions are specific, evidenced and usually time-limited, not a general escape. Where the work is not reasonably practicable — for example insulation cannot be installed because of the physical construction of the building, and this is professionally documented. Where the property is to be demolished or substantially rebuilt — a time-limited exemption requiring evidence of consent applications. Where the landlord is a tenant of the property themselves, in limited circumstances. Immediate previous owner-occupier exemption — where a property previously the owner’s home becomes a rental, a limited-time exemption applies from the tenancy start. If you rely on an exemption, document which one, why, and the evidence. A claimed exemption you cannot evidence at the Tribunal is not an exemption.

Penalties

• Up to $7,200 for breaching the standards
• Up to $500 per tenancy for failing to include a compliance statement
• The Tribunal can additionally order the work carried out, order a rent reduction for the period of non-compliance, and award compensation

Build it into your cycle

• Full assessment before a property is first let
• Re-check at each tenancy change
• Re-check after any material work
• Re-check when standards change
• Keep the record set with the tenancy file, not separately

A property comfortably above the standards lets faster, retains tenants longer, and costs less in reactive maintenance. The compliance case and the commercial case point the same way.

Frequently asked questions