The extension of a fixed term tenancy agreement will not activate a start date for Healthy Homes compliance.
Previously, MBIE advised that an extension, as far as Healthy Homes compliance is concerned, is the same as a renewal.
MBIE have now changed their position, given that the only aspect of the agreement changing is the end date.
“Our earlier position was that an extension is effectively the same as a renewal, however, we submitted a request to review this with our Legal team and then consulted HUD on our revised view where they said they ‘did not disagree’ with our updated guidance,” Tenancy Services Senior Engagement Advisor Raymond Suen said.
“This means that an extension of a fixed-term tenancy agreement, given that only the end date is changed, will not affect the healthy homes compliance date.
“The compliance date will then be either 1 July 2024 (for private rentals), or within 90 days of a new or renewed tenancy.”
You make and sign a new one-year fixed term tenancy with a group of tenants in January 2021. Both parties agree to extend the tenancy agreement for an additional year until January 2022. The rental property is not required to comply with the Healthy Homes Standard within 90 days because of the extension.
The tenants give notice to end the tenancy in January 2023. You make and sign a new fixed term tenancy in February 2023. You are required to comply with the Healthy Homes Standards within 90 days.
For any further questions, contact our Senior Consultants on 09-304-0853.