01 September 2020

Safety First

“As a rental property owner or manager, you are considered a Person Conducting a Business or Undertaking (PCBU).”

 

Do you have property maintenance plans for your rental property? When thinking about fixes and upgrades to a rental property, it’s essential that you understand your health and safety obligations as a rental property owner or manager. 

Health and safety is an often-overlooked area when it comes to choosing contractors and planning maintenance work. After all, it’s not a professional construction site, right? In fact, as a rental property owner or manager, you are considered a Person Conducting a Business or Undertaking (PCBU). According to WorkSafe NZ, this means you have a ‘duty of care, so far as is reasonably practicable, to ensure the health and safety of everyone involved with or affected by work on or at your property.’ 

If this comes as a surprise to you, you’re not alone. It’s not uncommon for owners to pop into their rental properties and fix any maintenance issues themselves. But this classic Kiwi DIY approach can put you and your investment at serious risk if something goes awry.

What are common hazards?

As a PCBU, you’ll be responsible for ensuring anyone involved or affected by the work is informed of potential hazards. It’s best to be as comprehensive as possible. Here are just a few things you might come across:

  • Knowledge of or concerns about asbestos
  • Animals on the property
  • Entrances that will be blocked
  • Flooring that will be waxed or polished

What does ‘reasonable care’ look like?

Understanding exactly what your ‘duty of care’ entails can be tricky, especially when every property is different. To help you get started, I recommend following these five steps:

1. Hire professional tradespeople

In New Zealand, we love to get stuck in and do things ourselves. However tempting this might be, it’s usually best to hire a qualified tradesperson. Even if your job doesn’t require electrical or plumbing work, something as seemingly simple as painting a house can have a number of safety hazards which an untrained eye might not notice.

2. Check health and safety policies

Once you’ve engaged a qualified tradesperson, you should always ask to see their health and safety policy. This policy should be dated and aligned with the Health and Safety at Work Act 2015.

3. Communicate with everyone

By law, contractors need to be advised of any risks at the property prior to commencing work. You should also share information about any maintenance work with those living in the home and alert them of potential hazards well ahead of time. Keep communication lines open throughout any periods of ongoing maintenance, checking that everyone affected understands the risks and feels comfortable onsite.

4. Do your homework

The rental market has seen significant changes in legislation over the past few years. Over the last year or so we have seen both Healthy Homes and the Residential Tenancies Amendment Act changes coming into effect. It’s important that you’re aware of any and all laws which affect your obligations as a rental property owner or manager. It’s also a good idea to become familiar with the Building Code and the Health and Safety at Work Act 2015.

5. Talk to a professional

If you don’t have a solid understanding of relevant legislation or your obligations as a rental property owner, talk to a professional. Property managers are experts in this area and will be able to advise you of any risks that you need to be aware of. They can show you the best way to tackle your property maintenance plans. Even if it means putting off projects for another week, you’ll likely get a better and safer outcome in the long run.

 

Simon Tavendale is the Principal of Quinovic Palmerston North and Vice President of the Manawatu Property Investors Association. Simon believes Quinovic offers clients exceptional service and delivery based around robust and highly refined systems and procedures – “We are the experts in residential Property Management”.