Marlborough Property Investors' Association

marlborough@nzpif.org.nz

News & Updates

Recent updates

30-01-2023

For those whose rentals have been flooded

Dear Members

We are sending our best wishes for you during the extreme weather events you have been experiencing in your region. As an investor you are responsible for more than just your own home and this is a time when your reactions can be a big help to your tenants welfare. We hope you and your properties are safe, and we offer some information about what you can do to manage tenancies through this crisis: APIA has sent out information here - https://www.facebook.com/I.like.APIA/videos/1516227368863210/ and the following is further information.

  • Get in touch with your tenants by phone, email or text to ask first if they are alright, and if there has been any damage to their home. Ask them to take photos before clearing any debris away. If there is flooding to please clear any blockages around the drains. Once the rain has stoped they will need to open windows and allow the house to dry out.
  • Don’t drive to the property during bad weather, as this may put you or others at risk, so it is better to contact your tenants if at all possible.
  • Once it is safe to do so go and check the house. If there is a ground moisture barrier installed you will need to insure water drains from above it.
  • You may want to have conversation with your tenant or property manager to discuss the habitability of your home and decide what is reasonable for each party to clean up.
  • If your tenants 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.

 

The legal situation is:

  • If your rental is so seriously damaged it is uninhabitable, your tenant can give two days notice to terminate the tenancy. As owner or manager you are able to give 7 days notice to terminate your tenancy in this case.
  • If your property 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 tenant or by your property manager. Either you or your tenant 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. The relevant section of the RTA is here.
  • You are not obliged to pay for alternative accommodation for tenants. If they require temporary accommodation, their contents insurance covers this (which not all tenants have).
  • This is a time when you need good insurance and we sincerely hope you have this in place. Here is the relevant page from our sponsor, Intio’s website: https://initio.co.nz/floods-january-2023/

Look out for each other and we thank you for being a responsible owner and reaching out to your tenants with empathy in a time of disaster.

 

NZPIF Executive Team

 

 

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