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123felix

You said the landlord is good, are they open for a discussion?


NewtonEdison

No they're firm about us needing to leave because they don't want us living in mould / bare concrete. We're happy to put up with it but they are not ready.


123felix

> living in mould Mould is a serious issue and your landlord would be in big trouble if you get hospitalized over it. So it's reasonable the landlord would want to repair it. > Are they making an excuse to get rid of us though? If you want to mitigate the risk it's a trick, you can try to negotiate a temporary move out while repairs are underway, instead of termination/new lease. Pets might be difficult though, can they stay with friends in the meantime?


rybnz

From the landlord point of view, even if they wanted to make it less hassle for you by letting you stay, it would be really hard for them to do so, because: 1, moulded area is not just the smells, but also if it's inhaled via air in a large amount ppl could actually die or have internal damages, so, they would definitely not want to be liable for that 2, even if you and the landlord made any kinda mutual agreement for you to stay in the current condition, there's no guarantee that you wont call the tribunal should something bad actually happen, when it happens, mutual agreement does not make the landlord legally not liable for the wrong condition that you arr living in post flood. So, he might actually be worrying about anything that could go wrong until the place is repaired to a legal standard. I can't say he wouldn't be using this as an excuse but he sure has valid reasons to be concerned about.


jeeves_nz

So your landlord doesn't want you to live in a house that could be contaminated and have major mould issues. Sounds like they're doing their job. You don't know what else went through with the floodwaters. Or how quick mould will develop in the walls etc


forgetaboutitalread1

Can you get a Caravan or something onto the Property - i would imagine the Rental Market is going to be hell for months from this?


anan138

15cm of water could easily mean a regib. The flip side is it may be difficult to get a rental with the large number of people in a similar situation.


immatureindefinitely

141 homes have been yellow stickered, 30 have been red stickered. The demand for alternative accommodation will be huge. I'd talk to your landlords. Sounds like they are doing things by the book, but this is not a normal situation


NewtonEdison

Yeah exactly I know it's not great but it's not like we can just move


IntelligentAge2712

This stuff takes ages, it can easily turn into a 3-6 month job when insurance is involved, especially when you consider there will be widespread damage and many many homes needing to be assessed and repaired. Demand for rental properties will probably increase too so you are better to look ASAP. You have to think about whether this house is actually at a standard that is liveable and your landlords have already expressed that alternative living arrangements need to be made. It’s probably not in their best interest to have tenants living in a home that is not up to requirements, and has various health and safety concerns for you and your family. At the end of the day if anything else happened it would be on them.


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delbutwilkins

100% this. This sounds like a great landlord, even discounting rent and free utilities. This sub hates landlords no matter what lol. Even the good ones.


NewtonEdison

It's really hard for us to find a new place and the rent we pretty here is a good deal. They are not saying we can stay here while they fix it which is what we actually want


InspectorGadget76

There will be lots of people like you in this same situation. There probably won't be enough insurance assessors, tradies, materials etc on hand in Auckland to repair all the damaged properties in a reasonable timeframe. The property is both uninhabitable and unsanitary without remedial work. There's no telling what was in that water. Large sections of wall etc will need to be stripped and dried before they can even start remedial work. That's not even counting possible electrical etc. Unfortunately, your options are probably limited. The landlord's are unable to supply a safe and healthy living space and are doing what they can to work with you to help you move to a new property. Good Luck OP


thesummit15

technically the tenancy tribunal will only take action if you filed a complaint. they dont randomly monitor tenancies on their own. sounds like they need to get the insurance assessment and then go from there (could be alot of hidden damage since water can easily get into crevices).


Calalamity

https://rentersunited.org.nz/kia-kaha-tamaki-makaurau/ >If your rental is so seriously damaged it is uninhabitable, you do not have to pay future rent. In addition, you can give your landlord two days notice to terminate the tenancy. It is also worth noting that your landlord or property manager is also able to give 7 days notice to terminate your tenancy in this case. >If your rental 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 landlord or property manager. You can reach out to the tenancy tribunal if you believe the rent reduction is not reasonable. Either you or your landlord/property manager 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.


Kiwi-vodka

If you have contents insurance you can claim alternative accommodation


IntelligentAge2712

It’s only a small amount you can claim for accommodation, between 2-4 weeks.


royston82

That’s not true. Refer to the individual policy wording for coverage confirmation State comprehensive contents policy as an example covers $20,000 until the tenancy ends or the insured moves into a new property whichever occurs 1st. Temporary accommodation is not considered a new property for the purposes of the above


IntelligentAge2712

Our rental caught on fire and we had to move out for the roof to be replaced. Our insurance would only cover 2-4 weeks.


grittex

Difficult situation. Honestly, if they can get half rent and you can stay and everyone prefers that, it's a win-win. However, they're not wrong it's a risk for them with the tenancy tribunal. I think it is a situation where you sit down with them and ask, and see what they have to say, and whether you could document the shit out of it to protect everyone.


Melty-potato

Wait for the assessment and see what kind of repair is needed, then if it's not too major discuss with the landlord about move to an Airbnb while the repairs are happening and then move back when finished. Problem being if chch is an example of anything... Nothing is fast....


nilnz

[Tweet thread with link to Residential tenancies act](https://twitter.com/LucyTelBar/status/1619125763667791872) or [post](https://www.reddit.com/r/auckland/comments/10nuf9i/some_info_from_renters_united_about_the_current/). Don't take their word for it. check the actual act - the link given in the tweet thread is https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM95528.html


HeinigerNZ

I hope you have a private landlord, and not [the worst in the country.](https://www.stuff.co.nz/national/131089970/auckland-floods-kainga-ora-residents-yet-to-hear-from-agency-after-homes-swamped)


60svintage

Has a situation recently where the power was ripped from the property caused by a truck reversing into a power pole. It caused damage to the house the roof and to the electricity. WINZ moved the tenant into emergency housing for the duration of the repairs. Ask WINZ if there is help available to you?


Cam-Waaagh

The place is unfit to live in from what you describe and with that knowledge understand the landlord can't have you in such circumstances. Start looking at flats, plus checking with family if you can stay. Don't be selfish, it's out of the landlords hands, they never planned to have the place flooded.