Our thoughts go out to those affected by the anniversary weekend floods. Flood remediation and tenancy reinstatement can be long and arduous for many in the rental sector and we remain committed to supporting our members and their tenants throughout and in the aftermath of this weather event.
This FAQ reflects the most commonly asked questions we received from landlords and tenants this week. It has been edited so as not to regurgitate information that is already abundantly available on sites such as:
- Tenancy Services: Repairs after a natural disaster
- Initio Insurance: Anniversary weekend floods insurance tips and FAQs
- IRD: Flooding in the North lsland, meeting your tax obligations
- Initio Insurance: Is yours a sudden or hidden gradual water damage?
- Auckland Emergency Management
- WINZ: Support for those affected by the North Island floods
We urge everyone to familiarise themselves with the (updated) content on these sites.
Q. Is there a requirement to abate rent?
Yes. S59 of the Residential Tenancies Act requires rent to be abated accordingly if the property is destroyed or seriously damaged to the extent that it has become wholly or partially uninhabitable. If despite the destruction/damage, your tenant still wants to pay the full rent then that is their prerogative; there should be no suggestion, innuendo, coercion or pressure for them to do so.
Q. How much should I abate the rent and how long for?
Rent should be abated at least for as long as it takes to remediate the property to habitable standards. As to how much rent should abate by, there is no hard and fast...
