Habitability considerations

Question from Rob updated on 29th May 2019:

I have been getting the run around in an insurance claim relating to a burst water pipe. The latest tactic is to decline a claim for loss of rents (three months plus) because they consider the flat to be habitable.

My questions then are: Can I let a flat where the laundry tub has been disconnected pending the laying of new lino? Also, can I let a flat where the old lino (kitchen/washhouse) has been lifted leaving residue of the previous adhesive? And also would I have to compensate the tenants for moving their stuff out (lounge and fridge) while the new flooring was laid?






Our expert Bernard Parker responded:

You’re asking about letting a flat. And you are also asking about compensating existing tenants for moving their possessions out while the flooring is laid. Interpreting this as your wish to tenant a flat before all the work is done, I would say no. You would be better off waiting for the work to be done before re-letting.

If you disagree with your insurance company about the date of habitability, you should take up a dispute with the company.



Bernard is principal of Quinovic – Kapiti-Mana. Quinovic's outstanding people and systems provide the most professional, effective and reliable residential property management service in the NZ market for over 30 years.

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