APIA Blog

RSS Feed

Landlord Q&A - Health and safety policy requirements for landlords

Monday, July 10, 2017



APIA Ask An Expert

 

We are landlords of both commercial and residential properties and have been advised that we are required to have a Health And Safety Policy And Plan. Is that correct? If so, what should the policy/plan cover?

 

APIA Ask An Expert

Under the Health and Safety at Work Act 2015 (“Act”) commercial landlords and (at times) residential landlords are Persons Conducting a Business or Undertaking (“PCBU”) and have duties under the Act. That means you have a responsibility to ensure that people working on the premises are healthy and safe. The Act does not specify how it should be complied with, but one of the best ways to ensure you are discharging your duties is to have a Health and Safety Policy and Plan.

 

For a commercial landlord, the policy and plan should be fairly comprehensive and it may be worthwhile engaging a specialist consultant to assist you. The policy will be a big picture document setting out your goals and desire to provide healthy and safe premises for the people working there. The plan should be more specific and contain actual procedures for implementing the policy, such as how hazards are to be dealt with when they arise and a mechanism for receiving notifications and feedback from tenants.

 

There should also be a commitment in the documents to ongoing updates and reviews of the plan and policy at regular intervals. This is not an exercise that gets done once and then forgotten. Only an ongoing commitment to health and safety will be sufficient to discharge your duties under the Act. Having a written policy is excellent, and Work Safe will want to see it if there is an incident at your property, but if it has not been touched for a year prior to the incident it is not going to look very impressive.

 

Residential landlords have less to worry about, as the Act only applies to them when their property is a workplace, and that is generally only when a contractor (say a plumber) is working on-site. Your responsibility, therefore, is to engage competent tradespeople, and it would be sensible to ensure those tradespeople have Health and Safety policies of their own.

Disclaimer: the content of this article is general in nature and not intended as a substitute for specific professional advice on any matters and should not be relied upon for that purpose.


Campbell McGill

Campbell is a Director at Duncan King Law and specialises in Employment and Commercial Law, Relationship Property and Residential Conveyancing.  Click here to email Campbell.

 

 

 

Recent Posts


Tags

p lab interest rates cash-flow capital gain productivity Sponsored post robert kiyosaki meth contamination How to speculator property cycle ird rental market reserve bank first home buying sale and purchase Question and answer worksafe mortgage Must know Property (Relationships) Act DTI warren buffett government building minor dwelling Kris Pedersen Mortgages and Insurance off the plan bad tenant LIM sublease subdivision holiday house trust trademe auckland tenant television return banking buying rules Guest blog beginner investor buyer's agent gluckman report ask an expert tenancy services interest only rta reform HSWA parry v inglis airbnb buying market rent arrears personal growth principal and interest positive cash flow income housing affordability water bill investor relationship advice tax legal sale and purchas lvr Must knows Market report Investment tip unitary plan bond ocr debt enforcement Jeff Bezos management property maintenance landlord partners Q&A rent short-term rental housing bubble Standards New Zealand heating rta finance maintenance Editor's Choice Investor story HHGA bond form ring-fencing investment strategy CCC structure insulation development financial advisers act CoreLogic tenancy issues negotiation insurance rental wof tenancy tribunal renovation Landlording auckland council property management Holler nzpif warm up new zealand wealth creation scotney williams asbestos anz privacy education property value initio election 2017 property market rent watercare house prices

Archive

Introducing Our Partners
Principal Sponsor - Kris Pedersen Mortgages & Insurance logo Gold Sponsor - Barfoot & Thompson logo Gold Sponsor - CoreLogic logo Keith Hay Homes logo Maintain To Profit logo The Insulation Warehouse logo The New Zealand Property Investors' Federation logo
09 360 2376
info@apia.org.nz

The Tenancy Practice Service and TPS Credit Control work closely with the Auckland Property Investors' Association. Our vision of bringing helpful resources, documents and high quality services to Auckland Property Investors and Property Managers is shared by APIA, so its a partnership that works well. 

The Auckland Property Investors' Association is a great organisation for those who want access to advice and information from a range of industry experts and partners. 



Mathieu Holt- Managing Director, The Tenancy Practice Service & TPS Credit Control
Through the Association I found the channels and methods to fund the purchase of property I never dreamed about. Grant Brown

All round it has been one of those things Neil and I felt was really worthwhile belonging to. We have learned so much it has just built our confidence in what we are doing.

Janice Bieleski
I read two articles in the monthly magazine that saved me over $5,000. That is my membership fee for the next 26 years and I am sure I will learn a whole lot more! John Duncan
Fantastic organisation. The networking opportunities are brilliant and provide us with information and opportunities that cannot be obtained anywhere else. We learn something new at every meeting and we've been in this game for nearly 20 years. Pauline and Gyanen Kumar

I find the information obtained from various APIA meetings very useful in guiding my own property investment and rental management.  I also enjoy the networking opportunities with like-minded investors.  I am inspired by other investors’ success and find the more experiences and knowledge that I share with others, the more confident I become.  

Thanks to all APIA event organizers and administrators for your brilliant work. 

Stella Shao

I like talking to people and learning from their experience because it gives me the confidence to invest well. I think it is a knowledge thing. I now know I am doing things the right way.

Stephen Weatherall

My APIA membership has become a total success.

Every time I attend a monthly or regional meeting I come away with so many useful and positive tips that have added value to my property investments and management.

Not only that, the website is a great place for practical advice and useful information. It has now evolved into an important resource for my business.

Talk about value for money! The discounts I have been getting at Bunnings when I present my APIA membership card have more than paid for my annual subscription!

Tim Duffett, Plan A Investments Limited