Emergency Repairs

General information

A rental property must always be fit to live in.

Landlords are responsible for repairing and maintaining the property so that it is in a reasonable state of repair, considering the age of the property, the amount of rent being paid, and the prospective life of the property.

This does not mean that the property must be in perfect condition.

The state of the property and the level of repair expected should be in proportion to the property's age and the amount of rent.

Tenants must keep the property in a reasonable state of cleanliness, considering the condition of the property at the start of the tenancy.

Tenants are responsible for minor maintenance including replacing light bulbs, cleaning windows, dusting, removing cobwebs and routine garden maintenance such as watering, mowing and weeding.

Getting repairs done

The tenant must have written permission from the landlord, including agreement on reimbursement, from the landlord, unless the repair is an urgent repair.

The tenant should request the repair in writing to the landlord explaining what needs fixing.

Even when repairs are not completed, a tenant should never stop paying the rent.

Withholding rent will put them in breach of their tenancy agreement and the tenancy may be terminated.

Types of repairs that are urgent

If an urgent repair is required, the tenant should contact the landlord or agent as soon as possible. If an urgent repair is needed, the tenant needs to notify the landlord or agent right away and arrangements should be made as soon as possible.

Urgent repairs include:

a burst water service or a serious water service leak
a blocked or broken toilet
a serious roof leak
a gas leak
an electrical fault
flooding or serious flood damage
serious storm or fire damage
a failure or breakdown of the gas, electricity or water supply to the property
a failure or breakdown of the hot water service
a failure or breakdown of the stove or oven
a failure or breakdown of a heater or air-conditioner
a fault or damage which makes the property unsafe or insecure.

Smoke alarms must also be repaired urgently to ensure they are working - further information on this is provided below under Smoke alarms.

Tenants can arrange urgent repairs in these circumstances

If the tenant cannot contact the landlord or agent, or if the landlord does not carry out urgent repairs within a reasonable time, the tenant can:

refer to the tenancy agreement for the details of a nominated tradesperson to contact (if any)
arrange for the work to be completed, and
be reimbursed, up to $1,000 by the landlord.

The landlord is only required to reimburse the tenant's costs if:

the need for the urgent repair was not the tenant's fault
they contacted the landlord or agent about the problem or made a reasonable attempt to do so
they gave the landlord or agent a reasonable opportunity to get the repairs done, and
the repairs were carried out by a licensed tradesperson (if appropriate).

After the repairs are done, the tenant needs to write to the landlord explaining the details of the repairs and include copies of all receipts.

The landlord must pay the tenant back within 14 days of receiving their written notice. If the landlord doesn't, tenants can contact our tenancy complaints service.

If the urgent repairs are likely to cost more than $1,000 or the tenant cannot afford to pay, the tenant can apply to the Tribunal for an urgent hearing order.

Disclaimer - All information above is provided as a guide. Please review the Fair trading guidelines.

Request Repair