Borer inspections for landlords

Is borer the landlord's responsibility?

Generally, yes. Section 45 of the Residential Tenancies Act 1986 requires a landlord to provide and maintain the premises in a reasonable state of repair, having regard to their age and character, and to comply with building, health and safety requirements. Borer damage to the house is a repair and maintenance matter for the landlord.

“Having regard to age and character” matters for borer. Old, inactive holes in a 1920s bungalow are part of its character; live borer weakening floor joists is a repair issue. An inspection is how a landlord tells the two apart and records the answer. Failing to meet the repair duty is an unlawful act under the Act, so a dated written finding is a useful document to keep on the property file. This is general information; Tenancy Services and your lawyer can advise on a particular case.

What should tenants report, and when?

Section 40 of the Act requires a tenant to tell the landlord as soon as possible after finding any damage or a need for repairs. For borer, that means mentioning small round holes in timber, fine gritty dust that keeps reappearing, or small brown beetles in early summer. Tenants are not expected to diagnose anything.

Landlords and property managers can make reporting easier by telling tenants, at the start of a tenancy in an older house, what borer signs look like. A short note about dust under skirtings, around windows and on ceilings is enough. Early reports help: treating one subfloor area is simpler than dealing with damage that has spread over several summers.

How much notice is needed to enter for an inspection?

Under section 48 of the Residential Tenancies Act, a landlord may enter to inspect between 8am and 7pm after giving the tenant at least 48 hours' and no more than 14 days' notice, and not more than once every four weeks. Tenancy Services says entry for necessary repairs or maintenance needs at least 24 hours' notice, also between 8am and 7pm.

In practice, the easiest route is to agree a time with the tenant, and to give the full 48 hours where an inspection is involved. Tell the tenant that the inspector will need the roof hatch and the subfloor, and that furniture against walls may need moving a little.

Why inspect between tenancies?

An empty house is the easiest to inspect thoroughly. Furniture is gone, so skirtings and floors can be seen, stored goods are out of the roof space and garage, and treatment can be done without working around anyone's routine. A gap between tenancies is also a natural point to update the property file.

If borer is live, treatment between tenancies avoids the notice and scheduling questions entirely, and any product used can be allowed to dry before the next tenant moves in. Where a gap is short, at least have the roof space and subfloor checked; those are where most live borer is found. Timing the treatment ahead of early summer, when the common house borer flies, gets the most from it. Methods are set out under treating live borer.

Where do the healthy homes standards come in?

The healthy homes standards do not mention borer, but two of them touch the same timber. The moisture ingress standard requires a ground moisture barrier under an enclosed subfloor where one can be installed, and the insulation standard makes ceiling and underfloor insulation compulsory, with exemptions for spaces that are not reasonably practicable to reach.

Damp subfloors help borer: the common house borer develops fastest in humid timber. A moisture barrier and good ventilation help the timber as well as the tenants. Insulation is the other link: once ceiling or underfloor insulation goes in, it covers framing that an inspector would otherwise check. If insulation work is planned, having the exposed framing inspected, and treated if needed, first makes sense. The subfloor guide and roof space guide cover what is checked in each area.

What should the landlord keep on file?

Keep the dated written findings, any treatment record showing what product was used where and when, and any builder's report on damaged timber. Together they show what was known about the house and what was done, which is useful at the next tenancy, the next sale and in any dispute about the state of repair.

• Findings. Area by area, including areas not inspected.
• Treatment record. Product, areas treated, date and the label directions followed.
• Notices. Copies of the notice given to the tenant for each visit.
• Follow-up. Any re-inspection after the next flight season.

Rentals in unit-titled buildings add a body corporate to the picture: shared roof spaces, subfloors and cladding are usually its responsibility, as explained under body corporate borer inspections. Property managers can book on a landlord's behalf. Tell the inspector who will arrange access with the tenant and where the findings should be sent, and whether the house is tenanted at the time of the visit.

For landlords and property managers

• Borer inspectionWhat a borer inspection records, part by part, and what it costs
• Treating live borerWhat treatment involves after a live borer finding: bare and finished timber, timing, moisture and follow-up
• Piles and subfloorBorer in piles, bearers and joists, damp subfloors, rot versus borer, and when replacement needs a consent
• Borer costPublished Auckland prices for borer inspections and treatment, and what moves them