Landlords and Tenants: Who Is Responsible for Rental Repairs?

Posted On Tuesday, 24 March 2020 14:32

When something goes wrong at a rental property, be it a minor or major maintenance request, the first question that often comes to mind is, “Is the landlord or tenant responsible for the repair bill?”

Depending on the cause of the problem, the answer may not be obvious. Unfortunately, tensions can run high during moments like this, especially if the matter is urgent, which can lead to arguments.

The best way to avoid a dispute is to have both parties be aware of their mutual responsibilities and work together to reach a positive outcome. Remember that it never hurts to refer to the law when it comes to these matters.

What Does The Law Say?

Each state and territory has its own guidelines in regards to who and when a certain party is responsible for rental property repairs.

Generally speaking, though, the basic rules for tenancy agreements state:

• A landlord is responsible for rental repairs: If the damage was caused by natural wear and tear. For example, if a door got jammed due to a shift in the foundation, the landlord would be responsible for the arrangement and cost of repairs.
• A tenant is responsible for rental repairs: If the damage was caused directly by the tenant, a housemate, or a guest. For example, if the tenant accidentally broke a window, then they would have to pay for the repairs.

Regardless of who’s responsible, the tenant must give either the property management or the landlord reasonable notice when they first discover an issue. Failure to do so may increase the risk of the problem causing further damage to the property. If this happens, the landlord may have fair grounds to ask the tenant to pay for the repairs, as they failed to give reasonable notice.

Types of Rental Repairs

Each state and territory across Australia recognizes there are two types of rental repairs, known as urgent (or emergency) and non-urgent repairs.

Urgent repairs

Below is a breakdown of the most commonly recognized types of urgent repairs, as stated by the Residential Tenancies Act 1997:

• Failure of essential utilities – gas, water, or electrical supply
• Any fault or damage that makes the premise unsafe
• Burst water service
• Blocked or broken toilet system
• Broken appliance or fixture that is causing a substantial waste of water
• Serious roof leak
• Gas leak
• Dangerous electrical fault
• Flooding or serious flood damage
• Serious storm or fire damage

Keep in mind, there may be slight differences as to what your state or territory considers an urgent repair.

When a landlord receives a request for an urgent repair, they must respond immediately. If the landlord is responsible, they must arrange and pay for the repairs. But, if the tenant is responsible, the landlord can ask them to arrange and pay for the repairs.

All communication between the property manager, landlord, and tenant/s should be in writing and saved for future reference. These days, email is the most convenient way to respond quickly to messages, and maintain a written record of each conversation.

Non-urgent repairs

In essence, a non-urgent repair is any repair that falls outside the definition of an urgent repair.

For example, a burst or leaking pipe would be considered an urgent repair. However, a loose or broken door handle may not be considered an urgent repair, unless, the fault makes the premise unsafe or unsecured.

Unlike an urgent repair, when a landlord receives a request for a non-urgent repair, they have up to 14 days to carry out the repairs.

While waiting for repairs, the tenant must continue to pay rent. If a tenant refuses to pay rent during this time, it may be considered a breach of their tenancy agreement, and the landlord may have reasonable grounds to evict them.

Can a tenant arrange the repairs themselves?

If a tenant has an urgent repair, and they have given reasonable notice to the property manager or landlord, and neither party has responded in a prompt manner, the tenant may be able to authorize the repairs.

Each state and territory has their own limits on the amount a tenant can authorize rental repairs. For example, in Victoria, the maximum limit is $1,800. However, some tenancy agreements may have a different maximum value.

All repairs authorized by a tenant must be carried out by a licensed and qualified tradesperson. The tenant must produce an invoice of the works to ensure they are reimbursed the correct amount.

Once the landlord has received the invoice, they have up to 14 days to reimburse the tenant for the total cost of repairs.

Furthermore, the tenant must keep receipts and records to prove they made an attempt to contact the property manager or landlord.

What to include in a tenancy agreement

As previously mentioned, the key to avoiding disputes is by having both tenants and landlords be fully aware of their mutual responsibilities.

Having clear terms and guidelines in the tenancy agreement is a must. These terms should be written or verbal and in clear, easy to understand language, which both parties can easily make sense of.

While the terms of a tenancy agreement can vary considerably, some of the most crucial details to have are:

• Timeframes for both urgent and non-urgent repairs
• Procedures to follow when carrying out repairs
• List of approved emergency tradespeople – including plumbers, electricians, roofing specialists, etc.

Keeping Everyone on the Same Page

When both tenants and landlords can work together, it’s easier to reach positive outcomes. As a result, tenants enjoy faster response times and quality service, while landlords enjoy guaranteed rent and peace of mind knowing their investment is safe and sound.

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