Rebuffing a Myth - Rental Properties and Health and Safety

There seems to be a myth that seems to state that 'a person who rents out their property is NOT a Person Conducting a Business or Undertaking' (PCBU).

However, the Health and Safety at Work Act 2015 (HSWA) is VERY CLEAR:

Quote: Part 1 – 17 – Meaning of a PCBU
17:1 (a) – means a person conducting a business or undertaking

i) Whether the person conducts a business or undertaking alone or with others

ii) Whether the business or undertaking is conducted for profit or gain.

If you reside (live) in the house you rent to yourself you are NOT a PCBU.

The moment that a house you own (or have ownership in) is rented to someone else, you are a PCBU.

The HSWA 2015 and its amendments provide no apparent exemption to this fact.

The HSWA 2015 is clear that a failure to take ‘all reasonably practical’ steps as a PCBU (having an implemented, documented and evidenced Health and Safety process is reasonably practical’) is a prosecutable offence. (Part 2 Subpart 4: 47, 48, 49)

This applies whether an incident or injury occurs or not.

If you want to be up-to-date with your rental property’s Health and Safety requirements, speak with your local Health & Safety Coaching NZ expert and book in a consultation today!