News of the Auckland Council’s proposed air quality bylaw has understandably unsettled landlords who own properties that are heated by indoor wood/coal burners. This week’s Ask An Expert feature explores the possible legal implications this bylaw has within the framework of the Residential Tenancies Act:
Regarding the proposed bylaw to phase out pre-2005 indoor open fire burners, if it is passed would that introduce any RTA obligations for landlords for rent out properties with indoor open fire burners as the main heat source? Would landlords be required to replace this ‘amenity’ for existing tenancies and if so, what with?
If the Council should require all pre-2005 fireplaces to be removed or permanently disabled, it is very likely that the Tenancy Tribunal would order a substitute appliance be installed.
There have been some decisions of the Tenancy Tribunal in the South Island where the old “burners” were made illegal and had to be removed or replaced. The Tenancy Tribunal has on occasion ordered that they be replaced. This is likely to be where an old wood burner or similar was rendered legal and the tenant requested it be removed and a substitute wood burner be installed. This does not necessarily mean that the Tenancy Tribunal would order a replacement “like for like” in every case but it certainly could do so if it felt it necessary. There may be good reason for such a decision such as...
