Natural disasters—such as floods, earthquakes, landslides, and cyclones—can severely impact rental properties. In serious cases, a property may become uninhabitable, meaning it’s no longer safe or suitable to live in.
When is a Property Considered Uninhabitable?
A district court ruling following the Christchurch earthquakes helped define the terms:
- Habitable: Safe and suitable for living.
- Uninhabitable: Not fit for human habitation—cannot be safely lived in, occupied, or tenanted.
A property may be uninhabitable due to:
- Significant structural damage
- Land instability (e.g., slips or landslides)
- Lack of clean water or power
- Flood contamination or heavy silt
- Unsafe electrical or sanitation conditions
Who Decides If a Property Is Uninhabitable?
If there's no formal ruling:
- Landlords and tenants can mutually agree the property is uninhabitable.
- In more serious cases, official assessments may come from:
- Local council building inspectors
- Civil defence authorities
- Ministry of Health officers
If these aren't available, landlords may consult professionals (e.g., builders, electricians) and gather photo/video evidence for potential Tenancy Tribunal proceedings.
What Happens When a Property Is Uninhabitable?
If a natural disaster makes a rental uninhabitable (and this wasn’t caused by the tenant):
- Rent stops immediately
- Either party can end the tenancy:
- Landlord: 7 days’ notice
- Tenant: 2 days’ notice
This applies to both fixed-term and periodic tenancies.
Landlords are not legally required to provide alternative housing, but insurance may offer help. Otherwise, tenants may seek support from Civil Defence or Work and Income.
Partial Damage or Uninhabitability
If only part of the property is damaged:
- Rent may be reduced depending on severity.
- Either party can apply to the Tenancy Tribunal to:
- End the tenancy if repair is unreasonable, or
- Continue with reduced rent
Examples include:
- Damaged accessways between rooms
- Flooded non-essential areas like garages
Rent reductions should reflect:
- How the damage affects tenant use
- Health and safety risks
- Duration of the issue
Managing Repairs and Temporary Relocation
If repairs require the tenant to leave:
- Agreement must be reached, or landlords must apply to the Tribunal.
- Rent should stop while the tenant is away.
- Landlords must give 24 hours’ notice for inspections (unless emergency access is agreed).
Keep tenants informed with clear repair timelines and updates.
Landlord and Tenant Responsibilities
Landlords must restore the property to a liveable condition.
Tenants are responsible for their belongings unless insurance or prior agreement says otherwise.
After a disaster:
- The landlord must handle structural repairs and drying (including equipment and electricity costs).
- Always consult your insurer to clarify coverage.
If the Tenant Chooses Not to Return
If repairs are completed and the tenant doesn’t return:
- Let rent fall 21 days into arrears
- Then apply to the Tenancy Tribunal to terminate based on non-payment
Quick Guide for Landlords:
- Rent abates from the moment the property becomes uninhabitable
- You can issue 7 days’ notice to end the tenancy
- You're not obligated to provide housing, but insurance might help
- Keep thorough records—photos, expert reports, and correspondence
- Maintain open, cooperative communication with tenants
- Consult legal or insurance professionals when needed
