Maintaining the property

Landlords need to manage asbestos at their property

Any asbestos-related risks need to be managed by landlords when work is taking place at their property. This is to ensure the health and safety of tenants, neighbours, contractors and anyone else who may be affected.

If you're a landlord you must comply with the Health and Safety at Work Act 2015 and the Health and Safety at Work (Asbestos) Regulations 2016.

Asbestos was a common building material up until the 1980s. It may also be present in properties built or renovated before 1 January 2000.

As a landlord you may not have to remove asbestos from your property but you will need to manage any related risks. For example if contractors are carrying out repair work, this could disturb material that contains asbestos. 

Worksafe has more information about asbestos risks and how to manage them.(external link)

Both landlords and tenants can be responsible for light bulbs

The Residential Tenancies Act does not cover who is responsible for light bulbs.

However, if the landlord supplies light bulbs and the tenant takes them at the end of the tenancy, or damages them intentionally or carelessly, the tenant may be responsible for replacing them.

If the light bulbs remain in place but have blown, responsibility is less certain. Standard light bulbs may be seen as consumables and replaceable by the tenant, or may be seen as fair wear and tear and replaceable by the landlord.

Non-standard light bulbs – which may be more expensive or are tricky to fit – may be the responsibility of the landlord. If a light bulb of this kind blows, it’s likely to be treated as fair wear and tear.

Landlords are responsible for cleaning the chimney

Cleaning the chimney is usually the landlord’s responsibility. The tenant remains responsible for cleaning the ashes from the hearth. The landlord may wish to have the chimney swept and checked at least annually to make sure it’s safe. (The landlord’s insurance policy for the property will often not cover the property if the chimney is not swept at least annually).

Both landlords and tenants are responsible for maintaining the outside of the house

The landlord is usually responsible for outside cleaning and maintenance tasks such as house-washing and gutter cleaning. The tenant can do outdoor cleaning tasks like window cleaning (if the windows are easily accessible, not apartment buildings or multi-level houses) as part of their responsibility to keep the property reasonably clean and tidy. It is a good idea to discuss this topic in detail at the start of the tenancy and note what is agreed on the tenancy agreement to avoid misunderstandings.

Landlords must agree before tenants add any fixtures

Tenants cannot affix anything to the property, or renovate or make alterations or additions to the property, unless the landlord agrees. That is, the changes must agree with what’s in the tenancy agreement, or the landlord must give written consent first.

Before the tenancy ends, the tenant can remove any of their fixtures, unless this would cause irreparable damage to the premises or the agreement from the landlord was conditional upon it remaining and becoming the property of the landlord at the end of the tenancy. Fixtures are things that are fixed in position (such as garden sheds, spa pools, heat pumps, security alarms or lights, clothes lines and panel heaters).

Any fixture put up by a tenant and not removed at the end of a tenancy becomes the property of the landlord. But this doesn’t apply if a different agreement exists, or the landlord has led the tenant to believe that the tenant can remove the fixtures after the tenancy ends.

If the tenant causes damage when removing the fixtures, the tenant should tell the landlord. The landlord should then tell the tenant whether they want them to repair the damage, or negotiate compensation.