2022 Brisbane Floods: Information For Tenants And Landlords
In recent weeks Brisbane has been devastated by severe flooding, with countless homes and livelihoods affected.
The following is a guide to help tenants and landlords take their next steps and get back on their feet.
Immediate financial assistance
If your property has been affected by flood, your tenants may be eligible for the Australian Government Disaster Recovery Payment. Those affected can claim $1000 per adult and $400 per child. For more information, call 180 22 66 or head to the Services Australia website.
The Queensland government also offers an Essential Services Hardship Assistance grant if the property has lost essential services (e.g. electricity, gas, water, sewerage) for more than five days. See the Queensland government website for more information and to check eligibility.
Assessing the damage, cleaning up
If your property is in a flood-affected zone you will understandably be very anxious to assess the level of damage.
While the SES or fire services may have initially removed any immediate hazards, it’s important to note it is the owner’s responsibility to ensure the property is safe.
You may need to ask a hazard assessment expert to assess your property and determine whether it is livable, the level of damage, and the work needed to repair it. For more information, see Queensland Building and Construction Commission’s guide for rebuilding after flood.
The tenant is responsible for notifying the landlord or property manager as soon as possible if there is damage to the property. The landlord, meanwhile, is responsible for cleaning the property after a flood or other natural disaster.
Insurance
Speak with your insurer as soon as possible to determine precisely what your landlord insurance covers. Some policies cover damage or loss resulting from natural disasters, and may also cover you for loss of rental income.
Make sure you document everything by taking photos and videos of the damage to your property, as well as listing the damage.
For tenants, the process is similar: contact your insurer to find out how to claim on your home contents insurance for loss of your belongings. Documenting loss and damage with photos, video and a detailed list of items will again help smooth the process.
Keep in touch with your insurer but be patient – tens of thousands of claims are currently being processed, so things may take time. Wait for your insurance assessor: don’t be tempted to save time by using people offering fast-tracked inspections or repairs.
If you’re unhappy with a decision made by your insurer, you can raise an internal dispute with them. And if you can’t come to a resolution or are still unhappy with their decision, you can raise an external dispute with the Australian Financial Complaints Authority.
Ending a lease agreement
It’s important to know that a tenancy agreement does not automatically end as the result of a natural disaster. That said, either party can choose to end the lease if they wish, but notice must be given.
A tenant or landlord is entitled to break the lease if the property:
- has been damaged by flood
- has been partially or totally destroyed
- is deemed unlivable or has been condemned.
Photos and video can help in determining if the property is unlivable.
A tenancy can end when:
- the landlord and tenant agree in writing to end the lease
- the landlord gives notice to the tenant to leave on the grounds that the property is not livable – this must occur within one month of the flooding event.
Both tenants and landlords can find more flood-specific information (including what to do if tenant and landlord disagree) via this document from Tenants Queensland.
Need more help?
If your investment property is currently on the market, see this guide from the Real Estate Institute of Queensland to find out how the flood affects the sale.
Community recovery hubs have opened in a number of suburbs. Tenants can access financial assistance and other help, including the services of organisations like the Salvation Army, Australian Red Cross and Lifeline.
Contact our team for more assistance and advice.