We are reaching out with some information for renters in Tāmaki Makaurau and surrounding areas affected by flooding. We hope you, your friends and whanau are safe. If you are outside of Auckland, please pass this onto those you know who rent in Auckland.
We know there will be many renters out there whose rentals have been damaged during the floods. Here are a few bits of advice around your rights as a tenant:
- If your rental is so seriously damaged it is uninhabitable, you do not have to pay future rent. In addition, you can give your landlord two days notice to terminate the tenancy. It is also worth noting that your landlord or property manager is also able to give 7 days notice to terminate your tenancy in this case.
- If your rental is partially uninhabitable, or part of the rental is so seriously damaged it is uninhabitable, your rent must be reduced accordingly. The amount your rent should be reduced is not clear in the legislation and will need to be negotiated with your landlord or property manager. You can reach out to the tenancy tribunal if you believe the rent reduction is not reasonable. Either you or your landlord/property manager may also apply to the tenancy tribunal to terminate the tenancy. The tribunal will decide whether it is unreasonable to require you to continue with the tenancy.
- See the relevant section of the RTA here.
If your rental is damaged, you are also required to notify your landlord or property manager of the damage, even if the advice above does not apply.
For advice on staying well and cleaning up after flooding, see advice from Auckland Council and Auckland Regional Public Health. We recommend having a conversation with your landlord/property manager to discuss the habitability of your home and decide what is reasonable for each party to clean up.
For further information about your renting situation, you can visit https://rentersunited.org.nz/help/. We have a list of agencies that can provide more information, advocacy and advice.
If you need urgent accommodation assistance, phone Auckland Emergency Management at 0800 22 22 00. For welfare assistance, call the Ministry of Social Development on 0800 400 100.
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