Assessing the property for damage

Get in touch with your landlord or tenant to check everyone is safe and to assess any damage. Speak to your insurance companies and be realistic and reasonable in your actions.

Landlords are responsible for maintaining the property in a reasonable condition. This includes paying for any damages to the property caused by a natural disaster. Tenants are not responsible for any damage to the property or clean up following a natural disaster.

In the case of flooding, the landlord is responsible for drying the property if it has water damage and paying the tenants for any electricity charges incurred.  

Tenant’s do not need to wait for confirmation from Emergency Services or the Tenancy Tribunal before leaving a rental that is not safe or habitable.

Landlords should also follow National Emergency Management Agency and civil defence guidelines to ensure you are fulfilling your obligations around building assessments, health and safety of the rental property, supply of water and repairs.

National Emergency Management Agency(external link) — Civil Defence

If the property has serious damage

If the property is partially destroyed, or part of it is so seriously damaged that it can’t be lived in:

• the rent should reduce accordingly,
• either the landlord or tenant can apply to the Tenancy Tribunal for an order to end the tenancy.

The Tenancy Tribunal will decide if it is unreasonable to:

• require the landlord to reinstate the property, or
• require the tenant to continue with the tenancy at a reduced rent.

If the property is destroyed

If the property is destroyed, or is so seriously damaged that it can’t be lived in at all:

• the rent should reduce accordingly depending on the specific circumstances, and
• either person may give notice to end the tenancy.

This applies to both periodic and fixed-term tenancies. In this situation, landlords need to give 7 days' notice and tenants need to give 2 days' notice.

Residential Tenancies Act – Destruction of premises(external link) — New Zealand Legislation

If the damage can be repaired

If you’re the landlord, ask a professional when they can make the repairs and if it’s safe for your tenants to stay in the property while it's being repaired. Follow the National Emergency Management Agency guidelines and in the case of an earthquake, check with the Earthquake Commission.

National Emergency Management Agency(external link) — Civil Defence

Earthquake Commission(external link) — EQC

If the tenant can stay

Let them know how long the repairs will take, especially if they’re taking longer than you thought. Remember to give 24 hours’ notice if you want to go inside to inspect the work.

Consider offering the tenant a rent reduction to compensate them for any inconvenience. In some cases you may agree that ending the tenancy early is best for both of you. Record any agreements you make in writing.

If the tenant has to move out

If you’re the landlord, negotiate with your tenants to leave the property while the work’s being done. If you can’t reach an agreement, you can  apply to the Tenancy Tribunal.

Tenancy Tribunal

Let your tenant know how long the repairs are expected to take, and when they will be able to move back in. You don’t have to provide somewhere else for them to stay, but you may be able to help them find another property to move into. Remember to record any agreements you make in writing.

Rent

It is a tenant’s responsibility to pay the rent when it is due and payable. Failure to do so is a breach of the Residential Tenancies Act and may allow a landlord to take action against a tenant for this breach.

In the event of a natural disaster and the property is so seriously damaged that it is uninhabitable, the rent should reduce accordingly depending on the specific circumstances. Landlords and tenants are encouraged to talk together to consider and agree on viable options in continuing or ending the tenancy. Any agreement should be in writing and should include what’s been agreed to. Both the landlord and tenants should keep a copy of this agreement.

Alternatively, either party may give notice to the other terminating the tenancy. Landlords need to give 7 days' notice and tenants need to give 2 days' notice. This applies to both periodic and fixed-term tenancies. Proof of the premises being uninhabitable could take the form of a notice from emergency services or council officials. Photos of the damage or destruction may be used by either party to satisfy the other of the condition of the property if they believe it is uninhabitable, and if disputed these can be provided as evidence for the Tenancy Tribunal.

Landlords and tenants need to complete and submit a bond refund form at the end of the tenancy.

Refunding bond

If the property is partially destroyed or damaged but is still habitable, the rent should be reduced accordingly by the landlord as the tenant will no longer have enjoyment of the entire property.

Tenants that are required to move out with all their belongings while repairs are being done won’t have to pay rent until the property can be lived in again.

If you and your landlord or tenant cannot come to an agreement on rent or the period of any reduction, follow the dispute resolution process or contact Tenancy Services to discuss your individual circumstances and what options may be available to you.

What to do if you cannot resolve the issue or come to an agreement with your landlord or tenant

Landlords and tenants have options for resolving disputes including self-resolution, FastTrack Resolution, mediation or Tenancy Tribunal hearings.

Resolving disputes

Temporary accommodation after an emergency or natural disaster

Emergency accommodation

If you need immediate, emergency accommodation following a natural disaster or state of emergency, contact your local Civil Defence centre.

Local Civil Defence centres(external link) — Civil Defence

Temporary Accommodation Service

The Temporary Accommodation Service also supports affected households to find ongoing temporary accommodation in the wake of an emergency for households displaced from their home while it is being repaired, rebuilt or they are unable to return to access their home.

Both owner-occupiers and renters of houses made uninhabitable are eligible for the Temporary Accommodation Service.

You can register now even if you are currently staying with friends or whānau, or you think you will have a future need.  

There is normally a cost for all temporary accommodation options, but financial assistance may be available.

Temporary Accommodation Service (TAS)(external link)

Personal emergency accommodation

If you have to move out of your property due to a personal emergency and have nowhere to stay, you can apply for emergency housing through the Ministry of Social Development website.

Emergency housing(external link) — Ministry of Social Development

Residential Tenancies Act

From 12 August 2020, accommodation supplied by transitional and emergency housing providers that is funded by the government or part of a special needs grants programme (like the accommodation provided by the Temporary Accommodation Service) is exempt from the Residential Tenancies Act.

Residential Tenancies Amendment Act 2020(external link) — Ministry of Housing and Urban Development

Support for homeowners having difficulty with natural disaster insurance claims

The New Zealand Claims Resolution Service (NZCRS) supports homeowners to resolve residential property insurance claims following a natural disaster.

The free service provides homeowners with advice, case management support, and access to legal, technical and wellbeing services tailored to individual and whānau needs. The NZCRS applies only to residential property, and excludes contents, commercial property, vehicle and life insurance claims.

NZCRS will support homeowners affected by adverse events such as earthquakes, flooding, and extreme weather events. It will also help homeowners affected by small-scale events – such as a localised landslip that damages one or two properties.

Homeowners who are impacted by any natural disasters should first talk to their insurer and, if they are unable to resolve their claim or require assistance, NZCRS can support.

Contact the New Zealand Claims Resolution Service(external link)