Storm damage

If a rented premises suffered damage in a storm it is in the best interest of landlords and tenants to communicate regularly and work together to make the best of an unusual and difficult situation. Knowing your rights and responsibilities as a landlord or tenant will assist this process and may help to avoid problems arising later on.

What happens with the tenancy

The first thing you will need to decide is whether the tenancy itself will continue. If the rented premises are uninhabitable, or even just partly uninhabitable, either one of you can give the other immediate written notice to end the tenancy permanently. Another option is for the tenant to move out temporarily, then return once repairs have been carried out. If the damage is minor, and there is no safety risk, a third option is for the tenant to remain in the premises and have the repairs carried out around them. A landlord has no obligation to help the tenant find or pay for other accommodation if they need to vacate.

What happens about the rent

If the tenancy is ended permanently the rent ceases to be payable from the day the tenant vacates. Any rent already paid in advance by the tenant must be fully refunded. If the tenant temporarily moves out or remains in the premises the tenancy agreement is not terminated. The rent, however, may be reduced or waived while the premises remain uninhabitable or partly uninhabitable. The level of rent reduction will depend on the extent of the damage and the amount of use the tenant has of the premises. Any agreement between the landlord and tenant about the level of rent reduction or its duration should be put in writing.

Repairs

Landlords have a responsibility at all times to maintain the rented premises in a reasonable state of repair. The first step, is for the landlord or agent, preferably with the tenant present, to inspect the premises and assess the extent of the damage. The premises may have suffered a range of damage including broken windows, broken roof tiles, collapsed ceilings or other damage. Serious storm damage, a serious roof leak, electrical faults or other damage which makes the premises unsafe or not secure must be dealt with on an urgent basis.

All parts of the premises which need repair should be fully itemised and documented. If the tenancy is to continue the landlord and tenant should discuss the timetable for repairs on a regular basis, recognising that there may be unavoidable delays because of the demand for insurance assessments and qualified tradepersons. A landlord is not obliged to compensate the tenant for any damage to their furniture or personal belongings arising from the storm.

Access

Usually, a tenant must be given at least 2 days notice on each occasion tradespeople will need to access the premises to carry out non-urgent repairs. If this is not practicable, landlords and tenants should discuss the problem and seek consent to a lesser period of notice.