A rental has an open fireplace. The tenant would like to use it in winter. Under the healthy homes draught-stopping standard, what applies?
Correct Answer
C) It must be blocked unless the tenant asks in writing and the landlord agrees.
Regulation 25 requires an open fireplace to be closed off, or its chimney blocked, to stop draughts. This does not apply if the tenant asks in writing for it to be available and the landlord agrees. Even then it must be free of unnecessary gaps and kept in good working order.
Why This Is the Correct Answer
Regulation 25(2) lets an open fireplace stay usable only on the tenant's written request and the landlord's agreement.
Why the Other Options Are Wrong
Option A: It must be permanently removed before the property can be let.
Removal is not required; reg 25 needs it closed off unless the tenant asks in writing and the landlord agrees.
Option B: It may stay open for use as long as a spark guard is fitted.
A spark guard is not the test; the fireplace must be blocked unless the written-request exception applies.
Option D: It counts as the main living room heater if it is swept every year.
Open fires are unacceptable heaters and never satisfy the heating standard.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/regulation/public/2019/0088/latest/whole.html
Exam Tip for Property Management
Open fireplace: blocked by default, open only on written request plus agreement.
Common Mistakes to Avoid on Property Management Questions
- •Counting an open fire as a qualifying heater.
More Property Management Questions
How long does a landlord have to lodge a bond with Tenancy Services after receiving it from a tenant?
Which of the following is a mandatory requirement for all rental properties under the Healthy Homes standards?
A periodic tenancy began 8 months ago and the rent has never been raised. If the landlord gives written notice today, when is the earliest a rent increase can take effect?
A property manager discovers a tenant has been subletting rooms without permission for 6 months, generating significant income. The head tenant is otherwise compliant and rent is current. What factors would most influence the Tenancy Tribunal's decision on termination?
Under the Residential Tenancies Act 1986, what is the most a landlord can charge as a general bond (not counting any separate pet bond)?
- → Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- → How much notice must a landlord give a tenant before conducting a routine property inspection?
- → A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- → A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- → How often may a landlord carry out routine inspections during a tenancy?
- → A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- → During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- → By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- → A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
- → During a property inspection, a landlord notices the tenant has changed the locks. Under what circumstances is this legally permitted?
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