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Documentation Index

Fetch the complete documentation index at: https://help.ratemyflat.co.nz/llms.txt

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If your home does not meet the Healthy Homes Standards, you have the right to request repairs and, if necessary, escalate the matter to legal authorities. New Zealand law provides strong protections for tenants seeking a warm, dry home.

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The 14-day notice to remedy

Before taking legal action, you must give your landlord the opportunity to fix the problem. The formal way to do this is by issuing a 14-day Notice to Remedy. This is a written notice that:
  • Identifies the specific standard that has been breached.
  • States that the landlord is in breach of the Residential Tenancies Act 1986.
  • Gives the landlord 14 days to remedy the situation or provide a plan for work.
For more details on how to write this request, see Changes requiring your landlord.

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The Tenancy Tribunal

If the 14-day notice period passes and the landlord has not taken action, you can apply to the Tenancy Tribunal. The Tribunal is a formal court-like body that handles disputes between tenants and landlords. What the Tribunal can do:
  1. Work Orders: Order the landlord to perform specific remediation work by a set date.
  2. Exemplary Damages: Order the landlord to pay you financial compensation for the breach. For Healthy Homes Standards violations, this can be up to NZD $7,200.
  3. Rent Abatement: Reduce your rent until the repairs are completed.

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Protections against retaliatory eviction

A common concern for tenants is that asking for repairs will lead to an eviction notice. This is known as a retaliatory notice and it is illegal. If a landlord gives you notice to end the tenancy because you exercised your rights (such as asking for HHS compliance), you can apply to the Tenancy Tribunal to have that notice set aside. The Tribunal takes retaliatory notices very seriously and can award damages to the tenant.

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Tenancy Compliance and Investigations Team (TCIT)

For serious cases where a landlord or property manager is systematically failing to meet standards across multiple homes, MBIE’s Tenancy Compliance and Investigations Team (TCIT) can intervene. TCIT has the power to investigate landlords, issue improvement notices, and take landlords to the Tribunal on behalf of the Crown. They focus on the most significant breaches that affect the health and safety of tenants.

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Where to get help

If you are unsure about the process or need help with paperwork, several free services are available:
  • Tenancy Services: 0800 836 262 (General advice on your rights).
  • Citizens Advice Bureau (CAB): Provides free, confidential advice and can help you draft a 14-day notice.
  • Community Law Centres: Offers free legal help if you meet their income criteria.
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