In response to a recent opinion piece published in the ODT on Monday 13th August by Mayor of Dunedin Dave Cull who is also chairman of the Cosy Homes Trust:
Mayor Cull makes some very pointed statements regarding a stand of residential rental homes.
In particular Mayor Cull identifies two key ‘Acts that form the basis of the standards required for a lawful premise’
One key ‘Act’ that is missing is the Health and Safety at Work Act 2015. This ‘Act’ requires landlords, as PCBU’s to ensure the premise is safe and that any work carried out by contractors or the owners themselves does not cause harm.
Since the inceptions of the HSWA 2015 there have been many published legal opinions related to Landlords as a PCBU that confirm this position. A Landlord receives income (as do Air BNB, Book a Batch) so therefore they are a Person(s) Conducting a Business or Undertaking (PCBU)
When all ‘ACT’s’ are combined, plus rental Livability Grading program a stand is set and measured.
The Certificate of Compliance, developed in Dunedin by i-Compliant, enables Landlords to promote their premise as ‘Lawful’ and provides a grading related to a healthy home.
It provides a tenant, evidence that the premise they are renting meets the standards defined in legislation and a livability grade related to a healthy home.
We absolutely agree with Mayor Cull that the process of setting a standard is “taking way too long and needs to be speeded up”. Landlords (and the Government) have ‘had long enough”.
It is not required that a process be in place “by possibly 2024” when the law and research means it is available NOW.
Healthy Homes Guarantee Act 2017 – 45 (1A)
Residential Tenancy Act 1986/Amendment Act 2016 – 25 (2AA9d))
Health and Safety at Work Act 2015 – Section 35
Ministry of Business Innovation and Employment – “Unlawful Premise”