April 2025
Reading Time: 4 Minutes
In New Zealand, the landlord is responsible for maintaining and repairing chattels left at a property, such as washing machines or dishwashers, as outlined in the Housing Improvement Regulations (HIR) and the Residential Tenancies Act (RTA). If a chattel breaks, the landlord must repair or replace it, unless it is "gifted" to the tenant, in which case the tenant assumes responsibility.
Chattels refer to movable items at a property that are not permanently attached. Chattels examples include washing machines, dishwashers, fridges, microwaves, and even furniture that the landlord may leave behind for the tenant’s use. These items are often discussed in the context of tenancy agreements, but it’s important to understand the regulations that govern them.
The RTA and the HIR provide clear guidelines regarding chattels. Under the HIR, landlords are required to ensure that any appliances are kept in good repair. This means that if a landlord leaves items like a washing machine or fridge at the property, they are responsible for fixing or replacing these items if they break during the tenancy.
Read about what can go wrong if you're not on top of repairs.
In the past, some landlords would include a note in the tenancy agreement or the in-going inspection report stating that they are not responsible for maintaining or replacing certain chattels. However, more recent rulings from tenancy tribunal cases have clarified that landlords cannot simply avoid their obligations by including these clauses in a written agreement. If a chattel is provided, the landlord is still responsible for repair or replacement, regardless of what the contract says.
Read more about common tenancy tribunal disputes and how they are resolved.
The only way for a landlord to pass on responsibility for a chattel is to “gift” it to the tenant. This can be explicitly stated in the tenancy agreement, where the landlord includes a chattels list and confirms that a chattel is being left for the tenant's use, and that the tenant accepts responsibility for its maintenance, repair, and eventual disposal if it breaks. If a chattel is gifted to the tenant, they can technically take it with them when they vacate the property, provided it is still in working order.
Fixtures are items that are permanently attached to the property, such as light fittings, heat pumps, and waste disposal units. These units are always the responsibility of the landlord to repair or replace as needed. The RTA makes it clear that landlords are responsible for maintaining and repairing fixtures at their properties, and this cannot be passed on to the tenant.
Crockers advises landlords to only leave items at the property that they are willing and able to repair or replace. Before deciding to provide any chattels, consider whether you are prepared to maintain them throughout the tenancy. Understanding tenant preferences regarding chattels can also help you make informed decisions about what to provide.
Q:Who is responsible for repairing or replacing appliances like washing machines and dishwashers in a New Zealand rental property?
A: Generally, the landlord is responsible for repairing or replacing these chattels unless they were explicitly "gifted" to the tenant in the tenancy agreement.
Q: What is the difference between a chattel and a fixture, and who is responsible for each?
A: Chattels are movable items (like appliances), while fixtures are permanently attached. Landlords are responsible for repairing both, unless a chattel was gifted to the tenant.
Q: Can a landlord include a clause in the tenancy agreement stating they are not responsible for repairing certain chattels?
A: No, such clauses are generally not valid. Landlords remain responsible for repairing or replacing provided chattels unless they were explicitly "gifted" to the tenant.
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