Consumer NZ is reminding tenants that landlords are responsible for maintaining the property, which includes damage caused by flooding and storms.
“If you’re a tenant and the property has been damaged by flooding, you should contact your landlord – they are responsible for drying out the property. This includes any costs associated with the drying process, including the cost of electricity.”
It said tenants’ rent should also be reduced in the scenario where a rental property is damaged but still inhabitable. The matter could also be taken to a tenancy tribunal -where it can be decided whether the landlord should fix the property or whether the tenant should stay on with a reduced rent.
Where a rental property has been destroyed or seriously damaged, a tenant who wished to vacate must give two days’ notice, however, a landlord who wants their property vacated would need to give seven days’ notice.
Landlords are not responsible for any damage flooding has caused to tenants’ belongings. Tenants who have contents insurance should contact their insurers.
EQCover for flood and storm damage
People with private house insurance which includes fire cover would have Earthquake Commission Cover, says the watchdog.
“EQCover provides some cover for damage to residential land if your property is damaged in a storm or flood.
“Contact your house insurer – it will manage any EQCover for land.”
EQCover is provided for land under or within 8m of a home as well as some outbuildings, such as a shed or garage. It will cover the cost to repair damage to the insured land or the value of the land – whichever is less.
Where a landslip has occurred, EQCover will cover damage to the home or surrounding land which has been caused by the landslip.
Cancellations
The flooding has led to the cancellation of flights, accommodation, events and various other bookings which have impacted many.
Those who have domestic flights cancelled are only entitled to a refund if they purchased a refundable ticket. An airline does not have to provide a refund simply because a flight is cancelled because of the weather.
If you don’t have a refundable fare, the airline will usually rebook you onto another flight or give you a credit.
If an international flight is impacted by flooding, your rights depend on which country you’re in, where you’re going and which airline you’re flying with.
“If you have travel insurance, you could be covered. Check your policy and talk to your insurer,” said Duffy.
The watchdog says the usual practice is that the airline will rebook people onto the next available flight or provide a credit if a flight is cancelled due to reasons out of their control.
Those whose Airbnb bookings were cancelled because of the flooding are entitled to a credit or refund. In this situation, Consumer NZ said Airbnb’s extenuating circumstances policy will apply.
“If an Airbnb host cancels your booking prior to check-in, you should automatically receive a full refund. Airbnb may also be able to help you find alternative accommodation.”
When it comes to other accommodation bookings, the advice for consumers is to check the terms and conditions of the booking.
“Cancellation rights and refund eligibility will depend on the accommodation provider’s terms and conditions.”
Concert-goers, such as those hoping to see Elton John in Auckland, are entitled to a refund from the ticket agent and Consumer NZ is telling people to contact the agent for advice.
“If you bought your ticket from a private seller, it may be trickier to get a refund.”
If you’ve not been able to make a dinner reservation because of the flooding you should not charged for a no-show.
“The contract between you and the restaurant is likely to be ‘frustrated’. This means it was impossible for you to hold up your side of the deal.”
“The effects of the devastating flooding will be varied and wide-reaching,” said Duffy. “We want to help people understand their rights in these unprecedented and challenging times.”
Retirement village residents’ rights
If a resident needs to move from their retirement village the costs should be dealt with by the operator.
Where a resident is relocated to a different retirement village, then it’s up to the two village operators to negotiate the rate, said Consumer NZ.
When it comes to weekly fees, if a resident is moved to another unit within the same village, it’s likely the resident will continue paying their weekly fee.
If a resident’s unit is not repairable, the village operator should talk to the affected resident(s) about next steps. Options could include replacing the unit, transferring to another unit or leaving the retirement village.
“The village operator must consider the residents’ views but does not have to agree with those views. It must set out the terms of its decision in writing and provide the resident with a copy.
“As with tenants, retirement village residents are responsible for their own contents, and should contact their contents insurer.”
Advice for businesses
The Insurance Council of New Zealand Te Kāhui Inihua o Aotearoa (ICNZ) is reminding businesses that business insurance can cover everything from damage to premises, lost or damaged stock, equipment or goods owned by others, vehicles and cover for not being able to operate.
ICNZ chief executive Tim Grafton said business owners should register their claims with their insurer as soon as they can.
The council’s advice for business owners is to not enter a business premise unless it is safe to do so, treat anything in floodwater as contaminated, refrain from turning electricity on in flooded buildings and to photograph and put aside contaminated and damaged property.
Vehicles or electrical equipment that has been flooded should also not be used.
It said some businesses would have business interruption cover which will cover them for loss of profit, up to policy limits, where property damage restricts their ability to maintain turnover.
“This event will be very difficult for many businesses,” said Grafton.
“As with many householders, the sheer scale of this event means that, despite the best efforts of all involved, business owners can expect repairs and the supply of new stock and equipment to take longer than normal.
“The situation is made worse by the fact that some businesses that would ordinarily be involved in helping others recover aren’t now able to because of the loss and damage they have suffered.”
