Rental insulation: Can I take matters into my own hands?

Thursday, 26 July 2018

Christchurch City Council said it couldn't be done - so this social housing tenant took matters into her own hands.

When Lynda McKenzie was told her council flat couldn't be insulated, she decided to deal with the situation herself.

She sorted double-glazing for the windows, and she also made other changes to the flat.

So what can Kiwis in cold, uninsulated rentals do? What are renters' rights and the rules they must follow? And can you take matters into your own hands?

**READ MORE:

This flat may need to be restored to its original condition, before Christchurch woman Lynda McKenzie made major changes.

* She insulated her flat - now she'll be asked to remove it when she goes

* Warmer Kiwi Homes insulation programme will make 52,000 homes warmer

* Growing house size cancels out gains from better insulation**

WHAT ARE THE RULES FOR RENTALS OVER INSULATION?

The newly-insulated roof space at Lynda McKenzie's council flat.

All rentals will soon be required to have insulation - ceiling and underfloor insulation must be installed where possible by July 1, 2019 - less than a year from now. Wall insulation is not compulsory.

The rules apply to any residential rental property covered by the Residential Tenancies Act.

For social housing, insulation has been compulsory since July 1, 2016.

Lynda McKenzie had this manhole cut into her ceiling, to allow insulation to be installed in her roof.

Landlords and property managers are currently required to let you know whether there is insulation in a property, with a statement in the tenancy agreement.

WHAT IF MY RENTAL ISN'T SUITABLE FOR INSULATION?

Steve Watson, the Ministry of Business, Innovation and Employment's national manager of tenancy compliance and investigations, says some property types cannot be insulated due to design or construction constraints, or if they'd require major renovations to do so.

Examples of properties exempt from the insulation rules include homes with skillion roofs, apartment buildings where there are people living above and below or homes built on concrete slabs.

If minor work can be done (like removing a home's base boards to get under it) to install insulation, then that has to happen. It's not a lifetime exemption though - if you do something to an exempt property that makes insulating it possible, then you need to get it done.

ARE THERE STANDARDS FOR INSULATION?

Yes. Insulation is rated in terms of how well it resists heat flow, with an R-value. The higher that R-value, the better the insulation is. There are minimum levels set by the Government.

There is also a set standard for how insulation should be installed.

Once rental properties require under-floor and ceiling insulation, from July 1, 2019, all insulation must meet the NZS 4246:2016 standard.

Lynda McKenzie had insulation put in her council flat.

Anyone installing insulation in residential rental properties has to ensure it meets that standard, to ensure the insulation does its job while not creating any potential hazards..

WHAT IF A RENTAL ISN'T INSULATED IN TIME?

MBIE says all rentals have to be insulated to the required standard by July 1, 2019 - or else landlords are liable for penalties of up to $4000.

The upgrades have to be carried out, even if the rental property has someone living in it.

Tenancy Services' Compliance and Investigation team was established to investigate serious or ongoing breaches of the Residential Tenancies Act, and can take landlords to the Tenancy Tribunal.

Lynda McKenzie's flat is being inspected for changes.

MBIE says rental properties which don't meet the legal requirements for insulation will be a major priority for that team from July 1 next year. The team is already growing in size to let them do that work effectively.

Landlords who have more than one tenancy could face separate penalties for each property. If, after paying their fines, landlords still don't comply with the rules, MBIE warns they may face further action.

CAN A TENANT GET INSULATION INSTALLED THEMSELVES?

No. MBIE says tenants aren't allowed to attach or alter anything on a rental property without the landlord's written consent.

For example, if a tenant wanted to install insulation, they would need the landlord to agree. They couldn't do it and bill the landlord either.

NZ Property Investors Federation executive officer Andrew King says repairs or maintenance issues with rental properties are the landlord's domain, and tenants should talk to them in lieu of making changes themselves.

Under the Residential Tenancies Act, tenants can't intentionally or carelessly damage their rental property.

King says one person's improvement is another's damage, and tenants can be held liable for repairing the damage and returning the property to its original condition.

WHAT IF I'VE HAD WORK DONE TO THE HOUSE I'M RENTING?

NZ Property Investors Federation executive officer Andrew King says Lynda McKenzie should have gotten permission before getting her home insulated.

You can be made to return the property to its original condition when you moved in.

King says good communication between the landlord and tenant is the best way to avoid potential conflict over modifications to a property - if there is a disagreement, it could end up being sorted out through the Tenancy Tribunal.

While many private landlords would be grateful to have double-glazed windows and insulation installed on their rental property, as happened in Christchurch, King says landlords do still need to know about it.

While some changes may be well-received, landlords might be less enthusiastic about their property's kitchen being redone. King says 'improvement' can be a very subjective word in that context.

WHAT HELP IS AVAILABLE TO PAY FOR INSULATION?

MBIE says some councils offer schemes where property owners can have insulation installed, and repay the cost through their rates over time.

There's also the Government's Warmer Kiwi Homes programme.

That four-year scheme offers grants to cover two thirds of the cost of ceiling and underfloor insulation, as well as ground moisture barriers.

Once the mandatory insulation rules come into effect, grants that will cover two thirds of the cost of heating appliances will be available too.

WHAT IS THE BEST WAY TO DEAL WITH RENTAL ISSUES?

King says tenants with concerns over repairs or maintenance should contact the landlord, as addressing the issue is their responsibility.

If a tenant or landlord needs to fix something, there's the option of issuing a 14-day notice to remedy as well.

If that doesn't work, the Tenancy Tribunal can be brought in to deal with the situation.