Tenants are not responsible for any damage to the property or clean-up following a natural disaster or weather event outside of their control. However, they must report any damage to their landlord as soon as possible.
The landlord must carry out repairs as soon as is practical and must reinstate the property to the same standard it was before. If this is not possible, the tenant may be entitled to a rent reduction (see below). In the case of flooding, the landlord is responsible for drying the property out and paying for any electricity used in doing this.
It is the landlord’s responsibility to maintain the property in a reasonable state of repair even when there is a natural disaster (s 45(a)(b) RTA). If they take too long to carry out repairs, they may be breaching the tenancy agreement.
Find out more about getting repairs done.
When there is significant damage or when extensive repairs are needed, the tenant should ask the landlord to put in writing:
- whether the tenant can remain in the property while repairs are done
- how long the repairs will take
- how the rent will be adjusted.
Find out about tenants’ rights if the property is destroyed or so severely damaged that it is uninhabitable.
Find out more about support for people affected by natural disasters.
Notice to enter the property
The landlord must still follow the rules around giving notice to enter the property if there is a natural disaster or other major event.
- The landlord may enter without giving notice only if it is an emergency or if the tenant gives them permission.
- The landlord must give at least 24 hours’ notice to inspect damage to the property, carry out repairs or check on work being done by contractors (s 48 RTA).
Rent adjustments
Tenants are entitled to a rent reduction (rent abatement) after a natural disaster if:
- the property is partially destroyed
- areas of the property are so severely damaged that they are uninhabitable (s 59(4) RTA).
If the damage doesn’t meet these criteria, the tenant may still be able to negotiate a rent reduction if the damage affects their use and enjoyment of the property.
Quick tip
Rent must not be charged if the house is uninhabitable.
The rent should be reduced for the period during which the property remains damaged, or while repairs are being carried out if they disrupt the tenants’ use or enjoyment of the property.
Rent must be reduced for the remainder of the tenancy if the landlord is not able to return the rental property to the same standard that it was before the damage occurred.
The tenant should try to reach agreement with the landlord about how much the rent should be reduced by and get this agreement in writing. If the tenant and landlord cannot reach an agreement, they can apply to the Tenancy Tribunal. The Tribunal will take into account the loss of amenity (ie, how much of the house can no longer be used and/or the loss of enjoyment of the property) and the circumstances of the tenant.
Case study - Rent abatement awarded for damage that was not fixed
The Tenancy Tribunal awarded a tenant a rent abatement of 20% ($150 per week) for 97 weeks for a rental property where the lower level of the property was so seriously damaged as to be uninhabitable after floods.
Floor coverings and some of the gib covering the walls were removed in the lower level, but damage was not fully repaired in the almost two years the tenant remained in the property.
The Tenancy Tribunal didn’t accept the landlord’s argument that the tenant accepted the non-remediated condition of the premises when she signed a renewed tenancy agreement during this time. The rent abatement awarded was $14,550.
Case study - Rent abatement changed over time to reflect the degree of impact
One Tenancy Tribunal case considered the overall loss of amenity in different time periods so that the rent reduction was higher during the time periods when the tenants experienced the greatest loss of use and enjoyment of their property.
Following flooding, the downstairs of a four-bedroom rental property was extensively damaged (including one bedroom and ensuite, kitchen and living area). The tenants weren’t willing to accept the landlord’s offer of an 18% rent reduction ($300 per week).
The Tenancy Tribunal awarded the following rent reductions: 70% for the first three weeks when the tenants had the most disruption and loss of use of the damaged area; 50% for the next two and a half weeks when repairs were being carried out; and 30% for the remaining 10 weeks of the tenancy. The total awarded was $10,819.
Responsibility for tenants' belongings
Landlords are not legally responsible for replacing or compensating tenants for personal belongings damaged by a natural disaster. The landlord’s house insurance does not generally cover tenants’ personal possessions.
If tenants have their own contents insurance, they should talk to their insurer about replacing or repairing their damaged belongings.
Find out more about financial support when a natural disaster occurs.
Giving notice
If the tenant no longer wants to live in the property because of the damage, but the property has not been deemed uninhabitable, they should try to reach an agreement with the landlord. If agreement cannot be reached, the tenant can apply to the Tenancy Tribunal.
The Tenancy Tribunal may order a tenancy to be ended if they think it would be unreasonable to expect the tenant to continue to live at the property, even with a reduced rent, or to require the landlord to repair the property to the state that it was in prior to the damage (s 59(4) RTA).
Alternatively, if the tenant is on a periodic tenancy, they can simply give the standard 21 days’ notice.
Find out about tenants’ right to give notice if the property is destroyed or so severely damaged that it is uninhabitable.
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