Resource Library Floods and tenancy rights

Floods and tenancy rights

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Information for tenants and landlords whose rented property is affected by the current flood emergency.

On this page:

Key information

  • When a property is affected by a natural disaster (like a flood, bushfire or storm), tenants and landlords have certain rights and responsibilities.
  • If the property is uninhabitable you can either end or continue the tenancy.
  • The landlord and tenant can agree to a rental reduction or waiver if the property (or part of it) cannot be used due to flood or water damage.
  • All agreements should be put in writing.

When the property is uninhabitable

If the property is destroyed or becomes totally or partially uninhabitable because of flood/water damage, you can:

  1. end the tenancy, or
  2. continue the tenancy.

Ending the tenancy

The landlord and tenant can mutually agree to end the tenancy on the grounds that the agreement is 'frustrated'. This ends the tenancy with no further obligation on either party.

If you can't reach a mutual agreement, either the tenant or the landlord can give a written termination notice to end the tenancy on the basis the property is uninhabitable.

Termination notice

The termination notice may end the residential tenancy agreement on the date that the notice is given.

It can also specify a termination date that is before the end of the fixed term of the residential tenancy agreement (if there is one).

The landlord and tenant can choose to enter into a new tenancy agreement once the property is repaired. Tenants should be aware that a higher rent could be included in the new agreement.

Continue the tenancy

The landlord and tenant can agree to maintain the tenancy and waive rent during the period the property is uninhabitable. This agreement should be put in writing.

The tenant can move out temporarily and return once repairs have been completed. The landlord is not obliged to find or pay for the tenant’s temporary accommodation.

If the property is only partly uninhabitable, the tenant can choose to stay in the property while repairs are being carried out. You should only consider doing this if the damage is relatively minor and there is no ongoing safety risk.

When the property is damaged but habitable

The landlord and tenant can agree to a rental reduction to compensate for the part of the property that cannot be used.

During these conversations, everyone should act with goodwill and agree on a reasonable amount of rent reduction.

Any agreement should be put in writing.

When the tenant has been evacuated from the property

If a tenant has been evacuated and/or is unable to access the property, landlords and tenants are encouraged to negotiate a waiver of rent during the period the property cannot be accessed.

Any agreement should be put in writing.

Temporary accommodation

Landlords are not responsible for the cost of temporary accommodation for a tenant during the period the property is uninhabitable.

If the property is uninhabitable and a tenant agrees to continue the tenancy, the rent should be waived during the period the property cannot be lived in.

Rent payment

The tenant remains responsible for the payment of rent until either:

  • the residential tenancy agreement is terminated, or
  • the tenant and landlord agree to a reduction in rent because the property was partially or totally uninhabitable.

Damage to personal belongings

Landlords are not responsible for damage to a tenant’s personal belongings or furniture in the event of a natural disaster.

Tenants are responsible for maintaining contents insurance on their belongings in the rented property.

Disputes

If you are in disagreement with your landlord or tenant, try to discuss it with them (or the managing agent) first.

If your discussions are unsuccessful, you can seek resolution at the NSW Civil and Administrative Tribunal (Tribunal).

The Tribunal provides an inexpensive and effective means of resolving consumer disputes and can issue enforceable orders.

You can apply to the Tribunal at any Tribunal Registry Office, Service NSW Centre or online.

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