Rental property condemned. What are tenants rights?

[birdie_nz]

The rental property has been condemned by the local city council due to some sewage problems with the house, and the tenant has still got 11 months left on a 12 month fixed rental lease. The tenant said that because he has signed a 12 month lease the landlord is legally responsible to find him somewhere else to rent for the same price. Anyone know if he is correct. Will give the lawyers or tenancy tribunal a call on Monday, but want to know if anyone has experienced this esp given all the earthquakes in Chch.

[eri]

council should know what to do

after all this situation will be being repeated all over the place

and they are the ones triggering it

[DazRaz]

This would be the relevant part of the RTA. Does not indicate any obligation to find the tenant alternative accommodation.

59 Destruction 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,—
(a) the rent shall abate accordingly; and
(b) either party may give notice to the other terminating the
tenancy.
(2) Where a landlord gives notice of termination under subsection
(1), the period of notice shall be not less than 7 days.
(3) Where a tenant gives notice of termination under subsection
(1), the period of notice shall be not less than 2 days.
(4) 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,—
(a) the rent shall abate accordingly; and
(b) 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.

[ATandGT]

I second daze as above. The landlord has no obligation to find the tenant alternative accommodation.

[birdie_nz]

Great, thanks for the advice. Will double check with tenancy tribunal on Monday :-)

[drelly]

Give him 7 days notice and tell him the Government is obliged to find him a new house, with moving expenses, a $1000 inconvenience emergency grant and a complimentary spa pool... it should fit right in with his mindset!

[Keys]

but want to know if anyone has experienced this esp given all the earthquakes in Chch.

The landlord can supply a chemical toilet for the duration. 11 months left? Not a worry. Many here did longer.