Mold in Your NZ Rental? Here’s What You Must Know

Dealing with mold in your rental can be a real household hassle and an actual harm to your health, making you doubt your money’s worth. This may cause you to wonder: Can I refuse to pay rent if there is mold in NZ? Let’s dive into your responsibilities and rights under New Zealand tenancy law and identify your next steps when facing mold in your rental.

Key Takeaways:

• Mold is common in NZ due to humidity and rainfall.

• Landlords must meet Healthy Homes Standards.

• Tenants should take steps to prevent mold.

• Mold prevention is a shared responsibility.

• Rent cannot be withheld for mold issues in NZ.

• Tenants can contact landlords, issue notices, or go to the Tribunal.

How does mold get into my NZ rental?

Mold is prevalent in NZ housing due to a persistently humid climate and high rainfall, creating damp conditions for it to grow. When combined with inadequate ventilation and improper heating systems, mold becomes an ever greater issue.

According to 2023 data from the Environmental Health Indicators NZ (EHINZ), over 693,000 New Zealanders (16.5% of the population) lived in households with mold larger than an A4 sheet. While a slight decrease was noted since 2018, about 180,000 (4.3%) still experience it frequently.

As a result, the Healthy Homes Standards were established to directly address such a housing concern and provide legal guidelines for residents to follow, including rules on heater systems, moisture control, and proper insulation techniques,  among others.

Landlord’s responsibilities

In New Zealand, both landlords and tenants have clear obligations regarding mold:

Landlords are required to provide a mold-free and safe rental property at the start of the tenancy, which shall remain healthy and compliant with the Healthy Homes Standards. They are responsible for putting the following systems in place:

• Adequate heating: A heater that can warm the main living room up to 18 °C

• Ventilation: Accessible windows, vents, and extractor fans in moisture-prone areas

• Moisture drainage systems: Functional gutters, moisture barriers (if applicable)

• Insulation in ceilings and under household floors

• Regular property inspections and discussions with tenants

Failure to keep up with the said standards can lead to a case in the Tenancy Tribunal and a monetary penalty.

Your responsibilities

Likewise, tenants must maintain the property in a reasonably clean and well-ventilated condition, removing any mold that arises from their living. They are also expected to take everyday cleaning measures, such as: 

• Airing out the home by opening doors or windows, especially after cooking/showering

• Wiping condensation off surfaces, walls, and windows

• Opening curtains to let sunlight in

• Hanging washed clothes outside

• Using extractor fans 

Moreover, before the start of tenancy, both tenant and landlord should have already gone through the property together to look for mold or discuss possible concerns with the rental.

What the law says

Under the Residential Tenancies Act 1986, tenants cannot stop paying rent, even if the landlord has failed to fix mold, as this can breach your tenancy agreement. Withholding rent can also put you in breach of the tenancy.

Instead, tenants must:

• Approach the landlord first, with evidence.

• If the mold persists even after taking the advised steps, report to the property manager.

• Notify the landlord in writing.

• Use a 14-day remedy notice if no action is taken.

• Escalate to the Tenancy Tribunal, which can order repairs or award compensation.

Tribunal cases in the past have shown tenants successfully claiming refunds or damages when landlords ignored mold issues. Resolutions in these scenarios always happen through fair legal channels, not refusal to pay rent.

Ultimately, joint responsibility is key, legally and holistically. As the Tenancy Tribunal mentioned:

“Preventing mold in a house is a dual obligation of the tenant and landlord: the tenant must live in ways that avoids mold developing …and a landlord must provide a house that is not prone to mold, fix any issue creating mold, and provide the means to heat and ventilate it.”

What you can do

If you’re facing mold in your rental:

Discuss matters with your landlord and property manager

Do not abruptly withhold rent as a result of mold growth in your rental. Instead, raise your concern to the landlord about your shared obligations.

Document everything

Take photos, show proof of your own compliance with moisture control, keep communication records, and take note of important dates.

If the issue is ignored, serve a remedy notice

A formal 14-day notice shall serve as formal communication should mold persist beyond your control without countermeasures from your landlord. Apply to the Tenancy Tribunal if matters escalate.

Seek medical and legal proof

If mold is affecting your health, get medical records. This may serve as strong documentation of your rental’s non-compliance with the Healthy Homes Standards.

Keep doing everyday measures

This protects your case by proving you met your own end of obligations in keeping the house healthy.

Is withholding rent the answer?

Dealing with mold can be a real problem and even a dealbreaker in many renting situations, but handling it the right way does not mean refusal of rent, but rather fair and efficient legal avenues. In New Zealand, both the tenant's and landlord’s rights and responsibilities are kept in check to ensure enhanced residential experiences—mold and all. One only needs to know their next steps to reach a resolution and mold-free living.

Learn more or get guidance today at Staircase Queenstown.

Frequently asked questions

What if the mold is so bad that it makes me sick?

You can keep your medical records as documentation or clear evidence of the persistent mold growth in your home and its extent. This is useful when explaining matters to your landlord and the Tenancy Tribunal, should matters arise. In the meantime, look for an alternative housing set-up if the mold already makes your rental uninhabitable.

Who is responsible for cleaning mold, the landlord or me?

It depends on the cause. If mold growth is caused by your lifestyle and habits, like improper ventilation or moisture control, the responsibility falls on you. If it grows because the landlord’s property is non-compliant with the Healthy Homes Standards, the landlord has to address it.

What if I just moved in and already discovered mold?

If the rental was not mold-free upon your move-in, contact your landlord immediately. Landlords are responsible for conducting the appropriate measures since they are legally obligated to provide the property in a reasonably clean and safe condition at the start of tenancy.