Understanding Section 13A Statements: A Guide for Property Managers in Auckland
Updated: Sep 8
If you manage rental properties in New Zealand, you've likely encountered a Section 13A statement. However, there’s a significant gap between knowing it exists and understanding its requirements. This gap can lead to serious legal consequences. Let’s dive into what you need to know.
What Is a Section 13A Statement?
Section 13A of the Residential Tenancies Act 1986 mandates landlords to provide a statement regarding their property's compliance with the Healthy Homes Standards during specific tenancy events.
This statement must be completed on the prescribed form and submitted alongside the tenancy agreement or any variations. It is not a casual summary or a simple letter from a property manager. Instead, it is a formal legal declaration made by the landlord.
Property managers who assist with these statements carry a significant responsibility. They must ensure the accuracy of what is declared.
When Is It Required?
A Section 13A compliance statement is required in the following situations:
New Tenancies: Whenever a new tenancy agreement is entered into.
Existing Tenancy Variations: This includes changes to rent, the tenancy term, or the parties involved in the agreement.
Periodic Tenancies: Landlords must ensure the statement reflects the current compliance status and update it when the property's condition changes.
It's crucial that the statement is accurate at the time of submission. Providing a statement that falsely declares compliance can lead to a breach of the Act.
What Must It Include?
The statement must address each of the five Healthy Homes Standards:
Heating: Is a qualifying fixed heater present in the main living room, capable of achieving 18°C?
Insulation: Does the ceiling and underfloor insulation meet the required R-values and remain in acceptable condition?
Ventilation: Do extractor fans and openable windows meet the specified requirements?
Moisture and Drainage: Is there adequate subfloor drainage and a ground moisture barrier where necessary?
Draught-Stopping: Have gaps and openings that allow unreasonable draughts been properly addressed?
For each standard, the landlord must declare whether the property currently complies. If it does not, they must specify when it will comply.
The Risks of "Best Guess" Statements
A common issue arises when compliance statements are completed from memory or visual impressions rather than actual inspection data. This is problematic because:
Insulation R-values cannot be accurately estimated by sight.
Heating capacity calculations require precise measurements, including floor area and ceiling height.
Ventilation compliance must be measured, not assumed.
An inaccurate statement, even if unintentional, can expose the landlord to a Tenancy Tribunal claim. If you, as the property manager, prepared or advised on that statement, you may also face reputational and liability implications.
Defensible documentation is essential. It means having evidence to support every field in the statement.
How Kineto Property Care Ensures Accurate Section 13A Statements
At Kineto Property Care, we conduct structured, on-site Healthy Homes assessments throughout Auckland. Our process involves a thorough examination of all five standards, with precise measurements and documentation at each step.
After the assessment, we provide a detailed report and generate the Section 13A compliance statement directly from our findings. Every field is backed by data collected during the inspection. If we identify areas that require improvement, we highlight the specific remediation needed. This allows you to take action before the statement is submitted.
For property managers overseeing multiple tenancies and turnovers, our process eliminates guesswork. We provide a clear paper trail for every property in your portfolio.
The Importance of Compliance Assessments
Compliance assessments are crucial for maintaining the integrity of your property management practices. They ensure that your properties meet the Healthy Homes Standards, protecting both landlords and tenants.
If your portfolio has upcoming tenancy changes or if you're uncertain about the accuracy of the statements you've been providing, now is the time to take action.
Book a Compliance Assessment Today
Contact Kineto Property Care to schedule a Healthy Homes compliance assessment in Auckland. We collaborate directly with property managers and landlords across the region. We will ensure your documentation is in order before your next tenancy begins.
By prioritizing compliance, you not only safeguard your reputation but also contribute to healthier living environments for tenants. Trust us to be your reliable partner in property maintenance and compliance.
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