Who is responsible for repairs and maintenance in a NZ rental?

The Residential Tenancies Act 1986 sets out clear obligations for both landlords and tenants regarding maintenance and repairs.

Landlord obligations (s45 RTA):

• Provide the property in a reasonable state of repair at the start of tenancy
• Keep the property in that state throughout the tenancy
• Comply with all relevant building, health, and safety standards
• Ensure the property has working smoke alarms and insulation (as required by regulations)
• Carry out repairs within a reasonable time after being notified

Healthy Homes Standards (from July 2021): All rental properties must meet minimum standards for heating, insulation, ventilation, moisture ingress, and drainage. Non-compliance is a breach of the Act.

Tenant obligations (s40 RTA):

• Keep the property reasonably clean and tidy
• Repair (or pay for repair of) damage caused by the tenant or their guests
• Notify the landlord of any damage or maintenance issues promptly
• Not make alterations without the landlord's consent

If the landlord won't do repairs:

Put the request in writing (text or email)

If not actioned within a reasonable time, apply to the Tenancy Tribunal

The Tribunal can issue a work order requiring the landlord to carry out repairs

In serious cases (e.g. uninhabitable conditions), you may be entitled to a rent reduction

Note: "Fair wear and tear" is the landlord's responsibility — you are not responsible for normal deterioration from ordinary use.

Source: Residential Tenancies Act 1986, s40, s45 — View on legislation.govt.nz