Tenants' duty of care

Karl asks:
(updated on Monday, September 10th 2018)

What can you do when tenants don't open windows and that is leading to too much moisture inside and then to mould (of course)? We have asked them to do it several times. Also, what can you do when a tenant removes a smoke alarm?

Our Experts Answer:

If mould appears to be developing as a result of a tenant’s failure to take reasonable steps to care for the property you can issue a 14-Day Notice to Remedy. If they fail to take the necessary care (e.g. by opening windows and airing the property), you can then make an application to the Tenancy Tribunal for an appropriate order. You may ask to have the tenancy terminated, or you may ask for the cost of cleaning the mould and addressing the moisture issue.

A landlord is required to ensure that smoke alarms are provided at the start of tenancy, and a tenant is required to ensure that the alarms remain in place and working. Removing a smoke alarm is a breach of the Residential Tenancies Act, section 40(ca). You can notify the tenant of this breach and require that they re-install the smoke alarm.

Select Home Loans 4.29
TSB Special 4.34
ICBC 4.39
HSBC Premier 4.39
Heartland Bank - Online 4.40
China Construction Bank Special 4.45
SBS Bank Special 4.55
Kainga Ora 4.57
Co-operative Bank - First Home Special 4.75
Kiwibank Special 4.85
AIA 4.85
Select Home Loans 4.86
Heartland Bank - Online 4.90
TSB Special 4.99
ICBC 5.09
HSBC Premier 5.15
SBS Bank Special 5.19
China Construction Bank Special 5.19
Kiwibank Special 5.19
AIA 5.35
Co-operative Bank - Owner Occ 5.35
First Credit Union Special 5.45
Select Home Loans 5.20
TSB Special 5.75
Kiwibank Special 5.79
HSBC Premier 5.89
ICBC 5.89
SBS Bank Special 5.95
BNZ - Classic 6.19
Resimac 6.33
China Construction Bank Special 6.35
Westpac Special 6.39
Kainga Ora 6.43
Select Home Loans 4.09
Heartland Bank - Online 4.10
Pepper Money 4.49
TSB Special 4.79
Liberty 4.84
Kiwibank Special 5.00
ICBC 5.25
Kainga Ora 5.43
China Construction Bank 5.50
Kiwibank 5.50
Kiwibank - Offset 5.50