This fact sheet is one of a series that looks at the steps you can take to give yourself the best chance of fixing or replacing your property and belongings if they're damaged or destroyed in a natural disaster, such as a bushfire, flood or storm.
See Fact Sheet 18: Glossary for definitions of words and terms that are in bold text.
To find other fact sheets in the series go to www.InsuranceCheckup.tas.gov.au or visit your local Service Tasmania for an info pack.
Responsibility for insurance if you are renting your home
If you are a tenant, you are not covered by your landlord's insurance. Your landlord is responsible for insuring the building itself (including any fixtures such as light fittings, carpets, ovens and stovetops).
You will need to buy your own insurance policy to cover repairs or replacement of your belongings if they are destroyed or damaged in a natural disaster (see Fact Sheet 4: What it would cost you to replace everything you own).
Contents insurance for renters
Renters insurance is a type of contents insurance designed specifically for people who are renting a property. In many cases, renters insurance is the same or very similar to a contents insurance policy that would be taken out by a homeowner (see Fact Sheet 5: Home insurance and contents insurance).
The exact cover provided under these renters policies varies between insurers. If you choose a comprehensive policy, you'll usually be covered for a range of situations, including natural disasters, but even a comprehensive policy won't always give you all the cover you might need. For example, contents insurance or renters insurance doesn't always cover the cost of other accommodation if your home is not fit to live in while it is being rebuilt or repaired by your landlord. If you think about the impact of that extra expense on top of the loss of your belongings, it's definitely worth considering a policy that includes alternative accommodation cover.
Although many insurers do offer low-cost renters insurance, these policies often only protect your belongings against fire and theft (not household accidents and natural disasters).
If you're thinking about getting some renters insurance (or any sort of insurance!), see and compare what a few different insurers are offering. A good place to start your search is at the Insurance Council of Australia's free Find an Insurer website at www.findaninsurer.com.au (see Fact Sheet 13: Finding and comparing insurers and insurance policies).
Carefully read the Key Facts Sheet and the Product Disclosure Statement for the insurance policies you are considering. These documents will give you important information about what is included (inclusions) and not included (exclusions) in the policy.
If you live in a share house
Most renters insurance policies don't allow cover for just one part of a house, e.g. your room. But while you'll need to take out cover for all the rooms in the house, you can choose to cover just those items that belong to you.
Another option is to share the cost of cover with your housemates, although many insurers won't sell you renters insurance if your household consists of more than three housemates who are not related to each other.
If you live in a boarding house
If you live in a boarding house, there may be other insurance arrangements in place, so check this first with the person or organisation you are boarding with. Keep in mind, though, that it is always a good idea to insure your own personal belongings, especially high-value items.
After a natural disaster
If you have experienced a natural disaster, the most important thing is to make sure you and your loved ones are safe and that you know where you can go for support. You can get up to date information about what's happening and what support is available by checking the TasALERT website at www.tasalert.com or by listening to ABC Radio.
If you have insurance for your belongings, make a claim with your insurer as soon as you can – even if you don't know yet exactly what you've lost. Don't worry if you can't find your insurance papers – insurers have electronic records and need only your name and address.
For general information about the process of making an insurance claim after a natural disaster, see Fact Sheet 15: Claiming insurance after a natural disaster.
As a tenant, there are a few extra things that it might be useful to know:
About somewhere to live
- In Tasmania, your landlord does not have to provide you with somewhere else to live or cover the costs of alternative accommodation for you if your home is not fit to live in after a natural disaster (unless this is part of your lease agreement).
- This means that, along with paying rent for the home you can't live in, you may also have to find and pay for alternative accommodation, for however long it takes for your home to be repaired.
- Having a renters insurance policy that includes cover for this expense is worth considering, especially if you don't have family or friends that are able to give you a temporary home. Check the inclusions or exclusions of your policy or talk to your insurer to find out exactly what you are covered for.
- If your landlord contributed to the damage caused to your home by failing to properly maintain or repair it prior to the natural disaster, you may be able to claim the costs of having to move out while the property is not liveable. This could include the cost of hotels and storage, as well as rent. If you feel that applies to you, first ask your landlord to reimburse you for reasonable costs. If they refuse, you can lodge a claim in the Magistrates Court. For free advice about taking this step, contact the Legal Aid Commission at www.legalaid.tas.gov.au or on 1300 366 611.
About cleaning up
- You are responsible for cleaning your belongings after a natural disaster.
- Your landlord is responsible for removing debris and cleaning the property and fixtures if they have been made dirty by flood or fire damage.
About repairs
- You are responsible for replacing or repairing your belongings after a natural disaster.
- You must let your landlord know about damage to the property as soon as you can after a natural disaster.
- Your landlord is responsible for repairing any damage to the property. There are different rules depending on the type of repairs that are needed:
- general repairs (that are not your fault) must be completed within 28 days of you telling your landlord about the damage. An exception is if the repair relates to a cooking stove; in that case, it must be fixed within 14 days
- urgent repairs are when an essential service stops working, e.g. water, sewerage, electricity; these repairs must be completed as soon as possible after you tell your landlord
- emergency repairs are when the property is damaged and the damage will get worse if the repairs aren't done as soon as possible, e.g. if a window is broken in a storm and there will be more damage if it's not fixed quickly or there is a danger to the occupants' health and safety.
- If you can't contact your landlord or they don't arrange for repairs and it is likely that the damage will get worse, you can organise repairs, but only enough to prevent further damage. There are a couple of ways you can do this:
- You can arrange for a nominated repairer to repair the damage. You may know who your landlord has nominated as their repairer, or details may be in your lease agreement. If you use a nominated repairer, the owner must pay for the cost of repairs
- You can arrange for a suitable repairer to repair the damage. A suitable repairer is someone who is licensed to carry out repairs to residential properties and does so as part of their business or employment. If you use a suitable repairer, you must pay for the repairs but you can get the owner to repay you.
- Your landlord must make the property liveable again within a reasonable time. How long is reasonable will depend on how bad the damage is, how hard it will be to fix, and whether qualified tradespeople are available to do the job.
- If you think your landlord is not organising repairs within a reasonable time, you can make an application for a Repair Order or give your landlord Notice to Terminate (end your lease). To download forms you can use, look under Renters insurance Renting on the Housing page of the Consumer, Building and Occupational Services website at www.cbos.tas.gov.au.
About your lease
- If your home has been destroyed or is so damaged that it's not fit to be lived in, your tenancy doesn't automatically end (terminate).
- Ways that your lease CAN be terminated after a natural disaster are:
- if you and your landlord agree to a mutual termination of the lease
- your local council agrees to your request to make an order under the Public Health Act 1997 to terminate the tenancy
- you give your landlord a Notice to Terminate
- your landlord gives you a Notice to Vacate.
- For more information and to download a Notice to Terminate form you can use, go to the Consumer, Building and Occupational Services website at www.cbos.tas.gov.au and look on the Housing page, under Renting.
About rent
- As long as you have a current rental agreement or lease in place, you may be responsible for continuing to pay the rent in full, even if the property is not fit to live in or is less liveable because of the damage caused by a natural disaster.
- Your landlord may not have to reduce the rent, but you can talk to them about paying less rent while the property is being rebuilt or repaired.
- If you and your landlord do agree to a reduced rent, put the agreement in writing and keep a copy.
- If you are not able to reach an agreement with your landlord about a reduction in rent, it may be worth seeking legal advice to see whether there is any further action you can take. If you do take legal action, you will still have to pay rent until the situation is resolved.
The Legal Aid Commission of Tasmania offers free legal advice. Phone 1300 366 611 or visit the Commission's website at www.legalaid.tas.gov.au.
About the bond
- Your landlord can only claim the bond at the end of your tenancy for the cost of repairs or cleaning that is necessary because of your use of the property – not for damage that has been caused by a natural disaster.
- In Tasmania, bonds are managed online through MyBond. If you need help to understand how bonds work or if you can't agree with your landlord about your bond, go to MyBond on the Housing page of the Consumer, Building and Occupational Services website at www.cbos.tas.gov.au. You can also ring MyBond Rental Services on 1300 654 499.
Where to go for more information and advice
To help you find out more about your rights in relation to insurance (and other financial matters), the Financial Rights Legal Centre offers a free insurance law service that you can contact through their website at www.insurancelaw.org.au or by phone on 1300 663 464.
If you need advice or want to learn more about your rights as a tenant after a natural disaster, you can contact the Tenants' Union of Tasmania through their website at www.tutas.org.au or by phone on 1300 652 641.
To find out more about your rights and obligations as a tenant, go to the Consumer, Building and Occupational Services website at www.cbos.tas.gov.au and look on the Housing page, under Renting.
For free legal advice, contact:
- Legal Aid Commission of Tasmania at www.legalaid.tas.gov.au or on 1300 366 611
- Hobart Community Legal Service on 03 6223 2500
- Launceston Community Legal Centre on 1800 066 019
- North West Community Legal Service on 08 6424 8720
Resources
For general information, and for calculators and other tools to help you manage your own insurance:
- Understand Insurance: www.understandinsurance.com.au
- Find an Insurer: www.findaninsurer.com.au
- Money Smart: www.moneysmart.gov.au
Important notice
This fact sheet gives you basic and general information only. It does not cover every situation or everything you may need to know about insurance. It does not take into account your personal circumstances. Make sure you carefully read Key Facts Sheets and Product Disclosure Statements. Ask your insurer as many questions as you need in order to understand how your insurance policy will work for you. Use other tools available to you and seek professional advice if needed.
Information in these fact sheets has been drawn from a number of publicly available Government and non-Government resources.
This project has been jointly funded by the Commonwealth and Tasmanian Governments under the Disaster Recovery Funding Arrangements.