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From July 1, 2021, it became mandatory for all private residential properties to comply with the full list of Healthy Homes regulations within 120 days of any new, or renewed, tenancy. But what happens once you've complied? Do you need to ensure your property continues to comply? We look at the law.
If a Rental Property was Healthy Homes Compliant but is Not Now is There Any Liability to the Owner?
Yes, landlords need to ensure their properties continue to comply. Frank Xing, from Quality House Inspections Ltd, explains: “Properties need to be maintained, the condition of a property may change for a variety of reasons, and areas that were initially compliant may become non-compliant. For example, a heat pump may be working but may no longer be due to lack of maintenance, so we recommend servicing it regularly. While the property is being rented out, it is the landlord's responsibility to ensure that the property remains in compliance.”
Read more on What Happens if You’re Not Compliant?
What Specific Areas Should Landlords Monitor to Ensure Their Property Remains Compliant?
Areas of concern include chimneys, heat pumps, kitchen rangehoods, bathroom extractor fans, gutters and draught stopping.
Chimney: If a property has a chimney, it is recommended that the landlord has it swept and checked annually to make sure it is safe. It is likely this will also be a requirement of a landlord’s insurance policy.
Heat Pump: If a property uses a heat pump, it is recommended that the landlord has it serviced at least every 12 months to extend its life.
Kitchen Rangehood: It is important to wipe down the exterior of a kitchen rangehood weekly to maintain its appearance and functionality. Over time, grease, smoke, and dust can accumulate on the surface of the range hood, making it look dirty and dull.
Bathroom Extractor Fan: Bathroom extractor fans should be cleaned every six months to a year, depending on how much use the bathroom gets and how quickly the cover becomes visibly dirty. (When you see dust gathering on the cover, it's cleaning time.)
Gutter: Blocked and overflowing gutters can cause a lot of damage both inside and outside your home. It's best to clear your gutters twice a year in late autumn (to remove fallen leaves and debris) and late spring (to clear left-over debris from winter). At the very least landlords should clear their gutters once a year.
Insulation: It is recommended that landlords inspect their insulation at least once a year. If your roof or floor has to be repaired or replaced because of leaks, landlords should definitely make sure to have an insulation inspection to replace wet insulation and prevent insulation from falling down.
Draught Stopping: It is recommended that landlords check their windows regularly to see if they are operating effectively and to catch any faults early to prevent any further problems.
Is it Possible to Re-Assess Specific Parts of Your Property Only?
No, you cannot have an old assessment and a new assessment at the same time. The building inspection company needs to inspect the whole house to ensure all items are up to standard.
Have There Been Many Cases of Properties That Were Legal No Longer Being Legal?
Yes, Frank has heard of many cases of tenants complaining due to changes in the condition of the property. “Properties require maintenance, so regular inspections are needed to catch problems. Ensuring that properties are always up to standard maximizes property owner protection and reduces property manager hassles.”
How Crockers Can Help
At Crockers, our Property Managers receive regular training on the multiple areas of law applicable for landlords and can help provide the processes and guidance to ensure you meet all of your legal obligations.
Engaging a professional Healthy Homes assessor to complete a thorough assessment is a great idea for landlords. Visit our Healthy Homes Hub to find out all you need to know about the Healthy Homes Standards.