Wellington City Council introduces the Rental WOF

Wellington City Council today introduces a voluntary Rental WOF.  While their hearts are in the right places, the WOF will not work for most properties.  This was demonstrated by the results of the Trial WOF conducted by University of Otago, Wellington where most properties failed.  The conclusion most people came to from that was that the housing stock was worse than they thought it was.  Actually, it is because the Assessment Criteria (below) cannot apply to all properties, and as properties must pass ALL of the criteria, properties which are exceptions (which is most of them) will fail.

Let me demonstrate some exceptions and questions on each of the criteria in the Rental WOF.

The 29 questions for the Rental WOF (and my point of view) are:

1. Is there a functional, safe stove-top and oven? (Yes/no) 

There is a studio on Trademe right now that doesn't have an oven.  Fail.  I have tenants who own a restaurant.  They don't cook at home, so don't care if the property even has a kitchen (it does, they only use the sink).  There will always be someone who wants a property without all the features that may be considered 'normal'.  Why not allow for that diversity with a diversity of properties?  You know, like we currently do.

2. Is there adequate space for food preparation and storage? (Yes/no) 

'Adequate' is highly subjective.  I can prepare a meal for 8 on 60 cm of bench space, others require a commercial kitchen and clean up crew.  Food storage - is this just a shelf, or fridge space, or a pantry?  And for my tenants with a restaurant, do they care if they have another just like it at home?

3. Is there an adequate supply of hot and cold potable water? (Yes/no) 

As I type, Dunedin cannot say yes to this as their mains supply is contaminated and cafe's are relying on a tanker parked in the square to supply. Last year, Havelock North had contaminated mains water. Neither of which are within the landlords control, so almost every property in these two towns would fail.  Worth getting a Rental WOF for them?  Fail.

I get the point of the question though, and do consider it reasonable, within reason!

We do need to question the definition of 'adequate' hot water.  Does the hot water cylinder need to be sufficiently big to fill a spa pool?  Or have 6 people have 30 minute showers one after the other?  Seeing 180 lt is the most common cylinder size, it would be seem that this should be considered more than adequate.

4. Is the hot-water at the tap 55C (±5C?) (Yes/no) 

Is this essential with a sink mixer tap?  I know from experience people complain about water pressure when water temperature is turned down, their showers get too cold or too weak to wash under.  I don't want kids or old folks to get burnt, but they don't want to shiver in the shower either. Fail.

Anyone who knows how to adjust the temperature will do so, and not likely get out a thermometer to check it, or even necessarily notice when the cylinder is boiling out the vent pipe.  Not necessarily within the landlords control.

5. Is there a functional toilet, which does not have a cracked or broken seat, cistern or bowl? (Yes/no) 

Believe it or not, I had a Samoan family complain to me that the 'Palangi toilet seat' wasn't made for their large body frames, and it kept breaking because it was only suitable for white folks. Before you talk about 'cheap toilet seats and cheap landlords', it was actually a quality seat.  Several quality seats.  Fail, but was this the fault of the toilet seats?  Apartheid toilets  are a thing of the past, surely?

Maybe a better question would be 'is there a functional toilet, which does not allow unacceptable contact with waste?' - I use 'unacceptable', as I have friends who use a batch composting toilet, and they know when and how they will be handling the contents of their toilet, and they are OK with that.

6. Is there a suitably located bath or shower in good working order? (Yes/no) 

Again, subjective 'suitably located' - if a boarding house has the bathroom down the hall, is this suitably located?  Or the bathroom is an ensuite through the master bedroom?  Surely these are both fails, and yet, they are in good working order, just take a few more steps to get there.  At what point will it be unreasonable to say 'don't be lazy, just walk 3 steps further'?  By the way the powers that be seem to be bent on removing personal responsibility, I think we won't be able to do so very soon.

7. Are there secure or high level cupboards or shelves for storing hazardous or toxic substances out of children's reach? (Yes/no) 

Is this applicable in a small studio apartment, which wouldn't have any children in them as they typical number of occupants is one?  It seems silly to put in features which are not relevant to the occupants of the property, especially in small properties where space is at a premium.  Fail.

Don't get me started about parental supervision and education about 'medicine vs lollies'.

8. Is there a adequate form of safe and effective space heating? (Yes/no) 

Passive solar homes don't need heaters.  Even though they are the epitome of warm and dry homes, they would fail.  As above, this would be putting in features for the sake of passing the WOF, not because they are needed.

And besides, what's wrong with a tenant owning a heater or three?  They are not expensive, and they can choose the sort that suits their lifestyle best.  There is more than one model of heater for this reason.

Is there any requirement on tenants to use the heating provided?  I've been a poor student (too poor to window shop), and I shivered rather than heated.  I look back on that with the benefit of hindsight and now see why I was constantly battling a cold.  If only I'd spent money on electricity rather than.. well, things students spend money on.

9. Do the bathroom, kitchen and all bedrooms have some form of ventilation to outside? (Yes/no) 

Is there a requirement for ventilation to be used?  Can lead a horse to water... but you can't make them open a window, leave on the HRV, or use a bathroom fan.  Fail by occupants.

I agree there should be ventilation.  I also believe strongly that occupiers should learn the best way to operate a home.  It requires active participation, not the equivalent of dumping your dirty clothes on the floor and your mother picks them up, washes, dries and folds them, and they end up, magically, back in the drawer.  Ventilation always requires action by the occupant, otherwise the magic mould fairies visit.

10. Is the house reasonably free of visible mould, i.e. the total area of mould is less than an A4 sheet of paper? (Yes/no) 

When exactly is this going to be measured?  When the house is freshly cleaned, painted and vacant?  Or when a tenant is in occupancy?  I've been a property manager for many years and I know a property behaves very differently due to the behaviour of the occupants.  If it is assessed during a tenancy, should a property fail because the occupants are not operating the house properly? Fail.

Landlords have an obligation under the Residential Tenancies Act to provide properties 'reasonably clean and tidy', so is this just a duplication of that requirement?

11. Are power outlets, light switches and wiring safe and in good working order? (Yes/no) 

I agree this question is reasonable in a WOF assessment.  I have had tenants smash a light-switch while moving furniture into a house.  Would the house fail due to the occupants action?

12. Is there adequate indoor lighting? (Yes/no) 

Define 'adequate'.  Sleep researchers would tell you that actually we have too much indoor lighting, and it is badly messing with our sleep habits to the detriment of our health.  Fortunately the Rental WOF is about health... oh wait.  Define 'adequate'.

I've also seen many houses where tenants don't change light bulbs when they blow.  They probably agree with the sleep researchers.  Fail.

13. Does the house have adequate working smoke alarms? (Yes/no) 

Smoke alarms are for the safety of the people, not the preservation of the property.  It would seem sensible then that the occupants do everything they can to keep smoke alarms in working order and installed in the likely places for early detection.  And yet, everyone has likely pulled down a smoke alarm when it alerted them to burnt crumbs in the toaster, or not replaced batteries when they go flat.  Suicidal, or just 'it won't happen to me'?  Statistics show tenants are significantly more likely to die in a house fire.  While again this could be supporting the notion that rental properties are inherently more dangerous, it could also demonstrate that responsible careful people are more likely to purchase their own home.  I lived for many years in one of the poorer suburbs of the Wellington Region.  I saw more house fires, and every other sort of emergency, than I have in the rest of my life combined.  I'm on the side of personal responsibility here.  Tenants remove alarms and don't replace batteries.  Fail.

Incidentally, this was one of the points my property failed on in the Trial Rental WOF.  A smoke alarm was 50 cm too far away from a bedroom door.  Moving it would then have made it too far from another bedroom.  The solution?  Two alarms within 1.5m of each other.  I'm sure it matters to smoke.

14. Have the windows got effective latches? (Yes/no) 

In a PassivHaus, windows are all sealed, and the property relies on mechanical ventilation.  PassivHaus is lauded as one of the ideals of healthy homes.  Like the question on heating, this WOF question is working away from a high standard, rather than towards it. Fail.

It also doesn't say 'all the windows in the room', or even that the windows are placed appropriately for the best ventilation options.  You don't want a wind tunnel that slams doors and drops core body temperature, nor do you want opening windows placed where they do little to move air.  It cannot account for all situations with one question.

15. Do high level windows have security stays to prevent falls? (Yes/no) 

There are other opening restrictions than security stays (which are actually 'securistays'), so a property could fail this due to the assessor being overly pedantic, rather than understanding the purpose of the question.  My own property failed on this front, when zero children had been injured from falling out a window.  Studies show even crawling infants respect a drop.  Strangely, my property had lots of terraces, which were much more likely to injure the unwary, but this wasn't assessed.  If it's going to fail, at least fail it on something which is likely to cause injury, not ignore it because it isn't in the imagination of the person writing the WOF questions.  Fail.

16. Are there curtains or blinds in the bedrooms and living area? (Yes/no) 

Note this doesn't take into account double glazing or better.  Take a look at any glossy magazine promoting good home design.  Hardly any of them have curtains or blinds on their big picture windows.  Those million dollar properties are clearly uninhabitable deathtraps.  Fail.

17. Do glass doors have safety visibility strips? (Yes/no) 

See comment above regarding million dollar properties.  Yep, they would be improved by some sticky tape on the doors, very classy.  Do they get excluded because rich people live there?  Isn't that discrimination?  Most normal people solve this problem by just not cleaning the glass every week.  My property has glass doors.  They have obscure glass in them, and glazing bars.  Will a pedantic inspector realise the point of the visibility strips is so people realise the door is closed, or insist on visibility strips?  Fail.

Incidentally, why do opticians always seem to have frame-less glass doors?  If ever there is a business which needs to make it's door obvious, it should be them.  I vote for regulating opticians!

18. Does the house have ceiling insulation to WOF standards? (Yes/no) 

Oh this is a good one.  The amendments to the Residential Tenancies Act require insulation is where it is practical to do so by 1 July 2019.  Flat roofed properties are an example of exempted properties.  Will ALL flat roofed properties fail?

19. Does the house have underfloor insulation to WOF standards? (Yes/no) 

Again, the amendments to the Residential Tenancies Act require insulation is where it is practical to do so.  Ditto concrete slab construction, old houses on sand, upstairs flats... fail.

20. Is a ground vapour barrier installed under the ground floor? (Yes/no) 

Is the underfloor area damp?  If so, then vapour barrier is a good idea.  If it is dry, this is another case of installing something to pass the WOF, rather than it actually being needed.  There is too much plastic in the world as it is, affecting ecosystems and hormones.  Less is more.  Fail.

21. Is the house weathertight with no evident leaks, or moisture stains on the walls or ceiling? (Yes/no) 

Agree this should be in a WOF.  Problem is, leaks are often tricky sods to track down.  I know a property where 15 expert tradespeople and several years of repairs has not fully resolved the issue.  We'd burn it down in frustration, but it's too soggy.

It also should be noted that in extreme weather events acceptable building solutions can be overwhelmed.  Gutters overflow, letting water into soffits and wall cavities.  Drains overflow and water backs up into garages.  Is there an allowance for 'once in a blue moon' events, or are rental properties somehow immune from mother nature?

22. Is the house in a reasonable state of repair? (Yes/no) 

Define 'reasonable'.  99% of properties could have some maintenance performed, whether they are owner occupied or tenanted.  Does the maintenance need to happen now, or would it be reasonable to wait and do it later?  What one person believes to be fine isn't the case for another.  I know of a tenant who demanded $17,000 of improvements to their rental property (not including repainting the entire house, which they also wanted), when the previous tenant was perfectly happy with the state of the place.  Who was 'reasonable'?  Fail.

23. Is the storm and waste water drainage being adequately discharged? (Yes/no) 

In principle, I agree with this.  Except in extreme weather events.  The water has to go somewhere, and if the houses at the top of the hill are discharging water, the houses at the bottom of the hill may be finding it coming in under their door.

There is no way buildings can keep out all water when the Wellington wind is blowing it up and under all the gaps that are part of a building.  Its generally assumed water flows downwards and houses are built accordingly.

24. Is there any water ponding under the house? (Yes/no) 

Ever heard of 'Fallingwater' or 'Kaufmann Residence', the masterpiece of Frank Lloyd Wright?  Inspirational architecture, and it was built over a waterfall.  Yeah, OK, it was nicknamed 'rising mildew' as damp-proofing wasn't in the building vernacular of the day, but still, no architectural student worth their salt hasn't been influenced by this modernist building.  That building fails, while also succeeding in inspiring thousands.

OK, I'll grant that this is probably a reasonable assessment question, unless it is an architectural feature.

25. Is there adequate outdoor lighting near entrance ways? (Yes/no) 

This seems funny to me when everyone and anyone has a cell phone with a torch.  It also doesn't address the issue of adequate lighting on the way to the entrance, like the millions of steps to the front door Wellington is infamous for.  Fail.

26. Does the house appear to be structurally sound? (Yes/no) 

Will the assessors have X-ray glasses?  Surely this is an easy pass question, as no one in their right mind, in ordinary circumstances, would rent out a property that seemed like it might fall down on their heads at any moment.  If the landlord isn't brave enough to do an inspection, tenants should keep out too.

In all seriousness, after Christchurch's earthquake, people were desperate for accommodation so would happily occupy properties which, in ordinary times, wouldn't be considered habitable.  I'm not advocating lowering the standard to 'whether or not a cat could walk through the crack in the wall', but context is everything.

Are assessors going to be structural engineers?  Some people can't tell the difference between 'just really really disgustingly messy' to 'it is falling down and needs to be condemned'.  More specific clarification is needed to this question.

27. Are there handrails for all internal stairs and all outdoor steps that access the house, and do balconies/decks have balustrades to the current Building Code? (Yes/no) 

If a property is build to the building code of it's time, it is considered to be safe and habitable.  If the building code then changes, the building does NOT need to be modified to comply with the new building code.  So long as the property complies with the Building Code of the day it was built, then that should be sufficient.  I'm shocked that the Council, who regulates the application of the Building Code, has this one so wrong.

This part of the assessment should be modified to reflect the changes in codes over time.  Otherwise, it will eventually require all rental properties to be no older than 'X' years, and really, who is going to build all this new housing stock?  Or pay for it?  Not tenants, and not most home owners.

28. Is the address clearly labelled and identifiable? (Yes/no) 

Some people find it safer to be harder to find.  They attribute the fact that their property blends in with the lack of property or violent crime they face.  This does make it harder for emergency services too, however the fire department just needs to look for smoke, and everyone has access to some sort of navigation system on their phone.

Frankly, all landlords would be wise to make properties easy to identify, as then they are more likely to get prospective tenants finding the place when it's available to rent, not just to the intrepid or high tech, or preppers removing themselves from society.

29. Are there securely locking doors? (Yes/no)

I agree with this question, as it is required by the Residential Tenancies Act, but ask, what is the definition of 'securely'?  Is it a night latch, dead lock, retinal scanner?  Show me any locked door and I will find you a) someone who thinks the security should be beefed up and b) someone who can bypass the security.  No property is immune from the determined - just about every home owner can think of a way to get into their house if they lock themselves out, if they are determined enough.  Just pass the chainsaw.


In conclusion, the Wellington City Council has adopted a WOF template that failed when trialed the first time.  I can't see it working this time either, unless it is radically amended, and all people (tenants and owner occupiers) educated as to how to live healthily in their homes.  It is simply a PR exercise without basis in practical application.

We could cut the list down to about 12 questions, with modification, to create a much more appropriate list to reflect true areas of risk, without doubling up on other legislation.  Much cheaper to administer, and much more likely to be adopted by landlords for the benefit of their tenants.