Canterbury earthquake: Information for landlords and tenants

Updated on 22 May 2012

Introduction

The Department of Building and Housing provides practical guidelines and advice to help both landlords and tenants meet their obligations under the Residential Tenancies Act (RTA).

The Canterbury earthquakes have resulted in many landlords and tenants having to deal with unexpected situations, such as homes needing repairs or being partly or wholly uninhabitable.

The Department has developed these useful tips for both landlords and tenants. They may help you resolve issues you may encounter as a result of the earthquakes.

Please note that this information does not replace legal advice. It should be treated as general information, which you may find helpful to refer to as you deal with your own unique situation.

For further information or specific advice on the Residential Tenancies Act and your rights and obligations under it, call the Department on 0800 TENANCY (0800 83 62 62), or visit www.dbh.govt.nz/tenancy.

Honour the tenancy relationship

Everyone deals with the stress of the earthquakes differently, so it is important to establish and maintain good relationships with each other and to communicate regularly. Landlords and tenants can work together to understand how the circumstances created by the earthquakes may be affecting each party to the tenancy.

What you can do if the property needs repairs

Tips for landlords

1. If your property needs to be repaired due to damage caused by the earthquakes, explain this to your tenants. If the work is of a nature that requires the tenant to vacate the property, let them know as soon as possible and try and negotiate with them to vacate the property while the work is being undertaken. If you cannot reach an agreement, you may apply to the Tenancy Tribunal in order to resolve the dispute.
   For more information on the Tenancy Tribunal and for advice about your rights and obligations visit: http://www.dbh.govt.nz/pub-sorting-out-problems.
   
2. In some cases, the tenant may be able to remain in the property while repair work is being done. Ask your repairer or the Earthquake Commission (EQC) first if it is possible for your tenant to remain in the property while repair work is being carried out.
   
3. If your tenants are able to remain in the property while repair work is being undertaken, consider offering your tenants a rent abatement to compensate them for the inconvenience experienced during the period of repair work.
   
4. Ensure you review the progress of the repair work regularly and communicate timeframes to your tenant. If the work is going to take longer than first expected, communicate this to your tenant. In some circumstances it may be agreed that terminating the agreement early is best for both parties.
   
5. If your tenant is staying in the property while the repair work is being carried out, remember that you must continue to give 24 hours’ notice to inspect the builder’s work.
   
6. Remember to record any agreements made in writing.

For more information on your obligations and rights as a landlord, visit: www.dbh.govt.nz/landlords-index or call 0800 TENANCY (0800 83 62 62).

Tips for tenants

1. If the property you’re renting has been damaged by the earthquake and needs to undergo repairs, talk to your landlord about what this means for you. Find out whether you will be required to vacate the property while the repairs are being undertaken, or whether it is possible for you to remain in the property while the repairs are being done.
   
2. If you do need to move out, talk to your landlord about how long the repairs are expected to take, and when it is expected you will be able to move back in to the property. Under the Residential Tenancies Act your landlord does not have to provide you with alternative accommodation. However, they may be able to help find you another property to move into. Talk to your landlord in the first instance to see if they can help.
   
3. If you are required to move out while repair work is being done, in most cases you won’t be required under the Act to pay rent while you’re not living at the property.
   
4. Remember to record any agreements made in writing.
   

For more information on your rights and obligations as a tenant visit: http://www.dbh.govt.nz/tenants-index or call 0800 TENANCY (0800 83 62 62)

What is the Canterbury Earthquake Accommodation Service (CETAS)?

The Canterbury Earthquake Accommodation Service (CETAS) provides a free matching and placement service for people displaced by the earthquake and offers appropriate temporary accommodation, financial assistance for additional accommodation costs and social wellbeing coordination for earthquake affected households.

This is a free service and anyone looking for temporary accommodation or landlords with a property for rent can register with CETAS. Staff will work with those displaced to find a suitable solution.

You can contact CETAS through its website www.quakeaccommodation.govt.nz or by calling 0800 673 227.

Who can apply for temporary accommodation?

This service is available to anyone displaced by the earthquake. Tenants may be eligible for Government supported temporary accommodation while earthquake repairs are being done to the property they were renting, if they have every intention of moving back to the property once work has been completed.

To help tenants looking for temporary accommodation, CETAS need:

• A copy of the tenancy agreement
• A letter from the landlord outlining the repairs needed, the length of time the repairs are expected to take, and confirmation that the tenant is returning to the property after repairs have been completed
• A copy of the letter from the company undertaking the repair work outlining the estimated start and finish dates of the work.

Other links that may be useful:

• Tenants Protection Association (www.tpa.org.nz or 03 379 2297)
• Canterbury Property Investors Association (www.cpia.org.nz or 03 379 5251)

For more information and advice on the Residential Tenancies Act (RTA), see: www.dbh.govt.nz or call 0800 TENANCY (0800 83 62 62)

What to do if your property is uninhabitable after an earthquake

Tips for tenants

1. If you believe the property you’re renting is uninhabitable, contact your landlord as soon as possible, and discuss the situation with them. It’s best to reach agreement together to terminate the tenancy ahead of any formal assessment by building professionals.
2. If the property has been deemed uninhabitable, you may cease paying rent.
3. If the property has been deemed uninhabitable DO NOT re-enter it to retrieve belongings unless Civil Defence or Emergency Services determine it is safe enough to enter.
4. If the damage has made the property uninhabitable, then you may give your landlord 2 days’ notice to end the tenancy. (This is under Section 59 of the Residential Tenancies Act 1986).
5. If the property is still able to be lived in but you wish to leave, and you have a periodic tenancy (ie, not a fixed-term tenancy) you can give your landlord 21 days to end the tenancy. If you are unsure what kind of tenancy you have, contact your landlord to discuss the situation with them.
6. If the property is still able to be lived in and you have a fixed-term tenancy, you cannot give notice to end the tenancy. You are obliged to continue to pay rent if the house is habitable, unless you come to an arrangement with your landlord to end the tenancy.
7. If you are unable to contact your landlord, you can contact the Department on 0800 TENANCY (0800 83 62 62) to determine if other options are available to you.
8. If you live in a Housing New Zealand house in Christchurch and have urgent health and safety issues resulting from damage to your house, please call them immediately on 0800 801 601.

Tips for landlords

1. If you have not done so already, attempt to contact your tenants to check that they are safe and find out what condition your property is in as soon as possible.
2. You may give tenants 7 days’ notice to end a tenancy if your property has been deemed uninhabitable. If the property is uninhabitable, the tenant is not required to pay rent.
3. We also suggest you contact your insurance company to let them know, if you think you may need to make a claim.