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The home I rent has been flood damaged. What are my rights?

If you rent a home that has incurred damage as a result of a natural disaster (such as a flood), there are rights you have as a tenant. ConsumerNZ has provided an outline of these:

Landlords should be aware they are responsible for maintaining the property. This includes damage caused by flooding and storms.

If you’re a tenant and the property has been damaged by flooding, you should contact your landlord – they are responsible for drying out the property. This includes any costs associated with the drying process, including the cost of electricity.

Landlords are not responsible for any damage flooding has caused to tenants’ belongings. If you’re a tenant and you have contents insurance, contact your insurer.

If your rental has been damaged but is still inhabitable, the rent should be reduced. Alternatively, the landlord or tenant can apply to the tenancy tribunal to end the tenancy.

The tribunal can decide whether the landlord should fix the property or whether the tenant should stay on with a reduced rent.

If a rental property is destroyed or seriously damaged, the tenant can give notice to end the tenancy.

The tenant must give two days’ notice, but the landlord needs to give seven days’ notice. The tenant can then stop paying rent. These time frames apply to periodic and fixed-term tenancies.

Temporary emergency housing is available. If you need emergency housing, refer to NEMA in the first instance.

See ConsumerNZ for information about your rights if you have been affected by flood damage.

Updated: 15 Feb 2023
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