Let’s talk Residential Tenancy Facts: repairs and maintenance

Repairs are generally the property owner’s responsibility unless the damage was caused by the tenant. In this situation the tenant can be asked to arrange or pay for repairs.

Urgent repairs

These fall into two categories: essential services and other urgent repairs.

Essential services include a burst water service, gas leaks, broken hot-water system, sewerage leaks or dangerous electrical faults.

Other urgent repairs are those that, if not fixed, might cause damage to the premises, injure a person or cause undue hardship or inconvenience to the tenant.

If you have an urgent repair you must notify your property manager. They then have 24 hours for essential services and 48 hours for other urgent repairs to contact a suitable repairer and arrange for them to fix the problem.

The repairs do not need to occur within these timeframes but must be fixed as soon as is reasonable after the arrangement have been made. It is very difficult to get tradespeople at the moment and this must be taken into consideration.

If you are unable to contact the property manager or owner within the required timeframes you may be able to arrange for the repairs to be carried out. These must be done by a qualified repairer and to the minimum extent necessary.

You can then be reimbursed for reasonable expenses. You must keep receipts and a record of contact with the property manager or owner.

Non-urgent repairs

You should provide written notice about any non-urgent repairs, detailing what needs to be fixed. Property owners have a responsibility to respond to repair requests promptly.

If the problem is not fixed within a suitable timeframe, you can serve the property owner with a breach notice. If they continue to ignore the request you can make an application to the Magistrates Court for an order for the necessary repairs or maintenance to be undertaken.

You must continue to pay rent while waiting for repairs to be done.

If the lack of repairs or maintenance mean part of the property is unable to be used, you can ask the court for a rent reduction until they are completed.

Maintenance

Unless otherwise listed in the tenancy agreement, tenants are responsible for basic household maintenance such as cleaning floors, replacing light bulbs, cleaning windows, dusting, removing cobwebs inside and outside, and garden maintenance including watering, mowing, weeding, pruning and fertilising.

Property owners are responsible for addressing normal wear and tear.

At the start of the tenancy, it’s a good idea to discuss your maintenance responsibilities with the property manager or owner.

If you have any queries regarding repairs and maintenance, please call REIWA’s free Information Service on 9380 8200 for guidance.

SOURCE: www.reiwa.com.au