Maintenance is the number one source of disagreement between landlords and tenants in New Zealand. Most of the time, it’s not because either side is being unreasonable. It’s because nobody’s entirely sure who’s meant to do what.
The Residential Tenancies Act 1986 sets out clear responsibilities for both landlords and tenants. The trouble is, the law covers principles rather than a line-by-line list of every task, so a lot of the detail comes down to interpretation. That’s where disputes creep in.
Let’s take a look at what landlords are responsible for, what tenants are responsible for, and where the grey areas usually sit.
Why Maintenance Disputes Happen So Often
Most disputes don’t start with a major issue. They start with something small that nobody addressed early, like a blocked gutter, a worn carpet, or a heater that stopped working properly months ago.
By the time it becomes a problem, both sides often have a different idea of who should have acted. A tenant assumes the landlord will notice and fix it. A landlord assumes the tenant would have said something if it mattered.
Clear expectations from day one, backed by a proper tenancy agreement, prevent most of this before it starts.
The General Rule
In simple terms, the law splits responsibility like this:
Landlords must keep the property in a reasonable state of repair, and make sure it’s safe and healthy to live in.
Tenants must keep the property reasonably clean and tidy, and avoid causing damage beyond normal use.
Everything else is really just working out how that general rule applies to a specific repair or task.
What Landlords Are Responsible For
- Structural repairs and maintaining the building itself
- Meeting the Healthy Homes Standards (heating, insulation, ventilation, moisture and drainage, draught stopping)
- Installing and maintaining smoke alarms so they’re compliant at the start of the tenancy
- Outside cleaning and maintenance, such as washing the house or clearing gutters
- Repairing fair wear and tear as it happens
- Responding promptly to urgent repairs, such as loss of water, electrical faults, or anything that affects safety
Ask yourself:
- Would an urgent repair at your property be actioned within 24 hours?
- Are your smoke alarms tested and compliant right now, not just at the start of the last tenancy?
- If a tenant reported a heating or ventilation issue tomorrow, do you have a plumber, electrician or Healthy Homes contractor on call?
A landlord also can’t end a tenancy because a tenant asked for repairs to be done. That’s considered a retaliatory notice, and it’s unlawful.
What Tenants Are Responsible For
- Keeping the property reasonably clean and tidy, including removing their own rubbish
- Reporting damage or maintenance issues to the landlord promptly
- Taking reasonable steps to prevent avoidable damage, such as ventilating rooms to reduce moisture
- Cleaning accessible windows and keeping the garden reasonably tidy, unless otherwise agreed
- Cleaning heat pump filters and similar day-to-day upkeep on appliances supplied by the landlord
- Not damaging, removing, or disconnecting smoke alarms, and reporting a faulty one
Ask yourself:
- Is anything in the property being left to “sort itself out” that should really be reported?
- Has the garden or lawn been kept up, if that’s part of the tenancy agreement?
- Would a landlord walking through today see reasonable day-to-day care, or neglect?
Fair Wear and Tear vs Damage
This is where most disputes actually live.
Fair wear and tear is the natural decline of a property from normal use over time. Carpet that’s thinner after years of foot traffic, or paint that’s faded from sunlight, falls into this category. A tenant isn’t responsible for it.
Damage is different. It’s caused by carelessness, neglect, or intentional action, and it goes beyond what normal use would cause. A burn mark on the carpet or a hole punched in a wall isn’t wear and tear.
If a tenant causes damage carelessly, they can be held liable for the cost of repair, up to four weeks’ rent or the landlord’s insurance excess, whichever is lower. Intentional damage can mean the tenant covers the full cost.
The distinction matters because it decides who pays, and getting it wrong in either direction usually ends in a dispute neither side wanted.
The Grey Areas Worth Sorting Out Early
A few tasks sit in a genuine grey zone, and it’s worth agreeing on them at the start of the tenancy rather than after something breaks.
- Light bulbs: Standard bulbs are often treated as a tenant cost. Non-standard or hard-to-reach bulbs are more likely to fall to the landlord.
- Chimneys: Cleaning a chimney is generally the landlord’s responsibility.
- Gardens: Day-to-day tidiness usually sits with the tenant, while larger jobs like tree maintenance usually sit with the landlord.
- Digital and internet services: Installation and ongoing responsibility depend on what’s specifically agreed in the tenancy.
None of these are complicated once they’re written down. The problem only shows up when they’re assumed rather than agreed.
When Something Falls Through the Cracks
Most maintenance issues are sorted out through a quick conversation and a straightforward repair. When they’re not, either party can apply to the Tenancy Tribunal to resolve the disagreement.
It’s a process nobody enjoys, and in our experience, it’s almost always avoidable. The properties that end up there are rarely the ones with clear systems for reporting, actioning and recording maintenance. They’re the ones where nobody was quite sure whose job it was.
How Wolfbrook Removes the Guesswork
This is exactly the kind of thing property management exists to solve.
We sit between landlords and tenants as the single point of contact for maintenance, so neither side has to guess who’s responsible or chase the other one up. When a tenant reports an issue through our online portal, we assess it, work out whether it’s a landlord repair or a tenant responsibility, and arrange the right tradesperson if needed.
We also keep a clear record of every repair, inspection and piece of correspondence, so if a question ever comes up about who was responsible for what, the answer is already documented.
For landlords, that means fewer disputes, faster repairs, and a lot less back and forth over things that shouldn’t need to be arguments in the first place.
Not Sure Who’s Responsible for a Repair at Your Property?
If you’re managing a rental yourself and you’re unsure where a maintenance job sits, we’re happy to talk it through.
Get in touch with your local Wolfbrook Property Management team for practical advice, a property review, or a free rental appraisal.