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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

59: Destruction of premises

You could also call this:

“If a rental home is badly damaged or destroyed, you or your landlord can end the tenancy quickly.”

If the place you’re renting is destroyed or so badly damaged that you can’t live in it, and it’s not because you or the landlord broke the rules of your tenancy agreement, a few things can happen. Your rent will be reduced to match the situation. You or your landlord can also end the tenancy by giving notice.

If your landlord wants to end the tenancy because of this, they need to give you at least 7 days’ notice. If you want to end it, you only need to give 2 days’ notice.

Sometimes, only part of the place you’re renting might be destroyed or so damaged you can’t live in it. In this case, your rent will also be reduced. Either you or your landlord can ask the Tenancy Tribunal to end the tenancy if it wouldn’t be fair to make the landlord fix the property or to make you keep living there with lower rent.

These rules don’t apply if the damage is from contamination that has specific testing methods and maximum levels set by regulations. For that situation, you need to look at section 59B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95528.

Topics:
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Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

59Destruction of premises

  1. Where, otherwise than as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the premises are destroyed, or are so seriously damaged as to be uninhabitable,—

  2. the rent shall abate accordingly; and
    1. either party may give notice to the other terminating the tenancy.

      1. Where a landlord gives notice of termination under subsection (1), the period of notice shall be not less than 7 days.

      2. Where a tenant gives notice of termination under subsection (1), the period of notice shall be not less than 2 days.

      3. Where, otherwise than as a result of a breach of the tenancy agreement, the premises are partially destroyed, or part of the premises is so seriously damaged as to be uninhabitable,—

      4. the rent shall abate accordingly; and
        1. either party may apply to the Tribunal for an order terminating the tenancy, and the Tribunal may make such an order if it is satisfied that it would be unreasonable to require the landlord to reinstate the property or (as the case may require) to require the tenant to continue with the tenancy albeit at a reduced rent.

          1. This section does not apply in relation to damage that is contamination by a contaminant if regulations prescribe a relevant method of testing for, and a relevant maximum inhabitable level of, that contaminant (but see section 59B).

          Compare
          • Residential Tenancies Act 1978–1981 s 71 (SA)
          Notes
          • Section 59(1): amended, on , by section 40 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
          • Section 59(5): inserted, on , by section 33 of the Residential Tenancies Amendment Act 2019 (2019 No 37).