Tenancy issues post-quake

Community Law Canterbury is pleased to hear that Housing New Zealand officials will be making it a priority to visit Avonside tenants who are experiencing difficult living conditions in their rental properties. We hope that a caring solution can be reached to ease the burden on the Avonside community during this stressful time.

We provide the information below for tenants in similar situations.

I’m renting but the house I live in has been damaged by the earthquake. What should I do?

The answer to this question depends on the extent of the damage, but the processes are the same whether you rent your property from Housing New Zealand or a private landlord.

If you’re renting a house that’s now unsafe to live in because of substantial earthquake damage, then you might be able to end your tenancy quickly, even if it’s a fixed term tenancy. First, discuss the state of the property and your intentions with your landlord. Tenants have the right to give two days’ notice to exit a tenancy if a reasonable person would consider the property to be “uninhabitable”. If you and your landlord don’t agree that the property is uninhabitable you will need a professional opinion or a decision from the Tenancy Tribunal. Ensure you are safe, then contact 0800 TENANCY as soon as possible to discuss your concerns.

If you’re living in a house that been damaged by the earthquake but it is still safe for you to live there, you don’t have the right to end your tenancy. You can ask your landlord for temporary rent relief or rent reduction if:

• some parts of the house have toppled or broken,

• there is significant inconvenience to you while the house is being repaired, or

• you have not had access to water or sewerage for extended periods of time.

Again, if you cannot reach agreement you should contact 0800 TENANCY.

Natural disasters like earthquakes are not ordinary events, and require landlords and tenants to work together in good faith. If you and your landlord are unable to reach a solution which you think is reasonable, then you can take further steps to have the matter sorted. You can phone 0800 TENANCY to seek formal mediation. If mediation doesn’t resolve the issue, you can apply to be heard by the Tenancy Tribunal, who will make a decision which you and your landlord must follow. The Tribunal has the power (among other things) to end a tenancy, impose rent reductions or compensation, and order that maintenance work be done to make the property safe and usable.

Community Law Canterbury provides free legal help over the phone or in person about tenancy and various other legal issues. Phone our legal infoline on 371 3819 (or 0508 CANLAW). Alternatively, come in and see us during our drop-in advice service at 281 Madras St, Mon-Thu evenings 5.30-7pm and Sat mornings 9.30am-noon. We also have appointments in and around Christchurch city and the wider Canterbury region; phone our infoline to book a time to see us at a clinic near you.

You can also contact the Department of Building Housing Tenancy helpline on 0800 TENANCY for more information, visit their website http://www.dbh.govt.nz or ask for support or advice from Tenants Protection Association (Christchurch), phone (03) 379 2297.

Community Law Canterbury is a not-for-profit organisation delivering free legal help to people in Canterbury who face barriers accessing justice. We have been busy researching the answers to various legal questions resulting from the local earthquake. We are now compiling fact sheets based on employment, tenancy and insurance law-related inquiries we’ve received. We aim to have these fact sheets ready by the end of next week.

http://www.canlaw.org.nz

ENDS

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