SkyCity Auckland Convention Centre fire: What landlords should do if your rental has smoke damage

Sunday, 27 October 2019

A major fire at Auckland's SkyCity Convention Centre cast a think pall of smoke over central Auckland.

Tenants whose homes were left damaged or smoke-ridden by the SkyCity Convention Centre fire are not liable for the clean up, a tenancy expert says.

Toxic smoke billowed from the building on Tuesday afternoon, prompting safety warnings from Civil Defence and the Auckland Regional Public Health Service.

Timelapse video by NIWA of the first 44 hours of fighting the fire.

The usually bustling Auckland CBD became a ghost town, with those brave enough to venture outside covering their faces with masks or clothing, and Auckland CBD residents reported feeling queasy as they woke up to smokey apartments on Wednesday morning.

Auckland Property Investors Association vice president Peter Lewis said it was the obligation of landlords to provide a safe and clean property as a 'basic bottom line' for properties left smokey and sooty due to the fire.

Pedestrians protected themselves from the smoke by covering their mouths and using masks.

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Residents living near the fire reported smelling smoke in their homes and feeling ill.

The landlord must rectify the damage 'as rapidly as possible', which could involve bringing in a commercial cleaning company, he said.

'The tenant has no obligation to repair anything as the damage is out of their control.'

However, Lewis said it was important to note that the smell of smoke did not necessarily make a property dangerous.

'Just because something smells unpleasant doesn't mean it's going to kill you.'

He said it was reasonable for a landlord to allow a few days for the smell of smoke to disperse before taking action.

If the property is inhabitable or dangerous, the tenant may depart with two days notice. The landlord can ask the tenant to leave with seven days' notice, or could move tenants into alternative accommodation, such as a motel, while major work is being done.

The tenant must notify the landlord of any damage as soon as possible, and it is in the best interests of the landlord to check in with their insurers to find out what they're covered for.

Landlords could copy tenants into emails with insurance companies to assure everyone knows what's going on.

'Communication is the key,' Lewis said.

Anyone not satisfied with their landlord's response can lodge a complaint with the Tenancy Tribunal.

Five fire crews remained at the under-construction convention centre on Sunday, dampening down hot spots.

Investigations into the cause of the blaze began on Saturday, along with structural assessments of the building to determine any lasting damage.