Illegal conditions

Question from pamela updated on 4th April 2016:

Does a property manager have a responsibility towards the tenant to ensure that the dwelling they are advertising is not illegal?

Our expert Bernard Parker responded:

You haven’t said what sort of “illegal” condition your property may be in.

A landlord is required by the Residential Tenancies Act 1986 (Section 45 (1)) to “Provide the premises in a reasonable state of cleanliness” and “Provide and maintain the premises in a reasonable state of repair...”, and must “Comply with all requirements in respect of buildings, health and safety under any enactment so far as they apply to the premises”. In other words, the landlord must provide a clean and well-maintained house.

Whether the house complies with these requirements is a question of fact. A property owner is acting as the agent of the property owner, and is very much dependent upon the information provided by the owner. If you have any cause for concern you should talk to your property manager, who can then obtain answers from the owner if necessary.

Bernard is principal of Quinovic – Kapiti-Mana. Quinovic's outstanding people and systems provide the most professional, effective and reliable residential property management service in the NZ market for over 30 years.

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