Legal Requirements for Landlords and Property Managers

Health and Safety at Work Act 2015

Under the Health and Safety at Work Act 2015, landlords and property managers are considered PCBUs (Persons Conducting a Business or Undertaking). They must ensure, so far as is reasonably practicable, that the property is without risks to the health and safety of any person. This includes ensuring that gas fittings and appliances are safe and properly maintained.

Residential Tenancies Act 1986

The Residential Tenancies Act 1986 outlines the responsibilities of landlords in ensuring that rental properties are in a reasonable state of repair and comply with all health, safety, and building regulations. This includes obligations related to the installation, maintenance, and operation of gas appliances and systems.

Gas (Safety and Measurement) Regulations 2010

These regulations set specific standards for gas installations and appliances, including requirements for safety, measurement, and certification. Landlords and property managers must ensure that:

• All gas work is carried out by a licensed gasfitter.
• Gas appliances provided are correctly fitted, in good working order, and safe to use.
• Maintenance and safety checks are conducted regularly, with records kept of all gas fitting performed on the property.

Key Responsibilities

• Regular Inspections and Maintenance: Landlords must arrange for regular inspections and maintenance of gas appliances and installations. This includes annual servicing by a licensed gasfitter and immediate repairs of any faults detected.
• Safety Information: Tenants should be provided with safety information regarding the use of gas appliances, including instructions for safe operation and what to do in case of a gas emergency.
• Compliance Certificates: After any installation or significant maintenance work, landlords should obtain a Gas Safety Certificate from the licensed gas fitter who carried out the work, confirming that the installation complies with New Zealand standards.
• Carbon Monoxide Detectors: While not currently a legal requirement in New Zealand, installing carbon monoxide detectors in properties with gas appliances is a best practice that landlords are encouraged to follow to enhance tenant safety.

Enforcement and Penalties

Failure to comply with these legal requirements can result in significant penalties, including fines and legal action. More importantly, non-compliance can put tenants at risk of serious injury or death. Enforcement of these regulations is carried out by WorkSafe New Zealand and the Tenancy Tribunal, which can hear complaints related to maintenance and safety issues in rental properties.