During the tenancy:

• The landlord must keep the home in a reasonable state of repair.
• The tenant must let the landlord know if there is any damage to the home.

On this page:

• Non-urgent repairs
• Urgent repairs
  • When the landlord does not respond to urgent repairs
• When the tenant is at fault
• Suitable repairers
• Uninhabitable properties
• Ceiling collapses
• Disaster advice while renting
• Repairs are either urgent or non-urgent.

The landlord must arrange urgent repairs within 24-48 hours. Non-urgent repairs must be requested in writing.

The tenant must continue to pay rent even if they are waiting for a repair to be made.

It is important to keep a record of any requests, quotes and payments.

If the landlord does not carry out the repairs within a suitable time, the tenant can contact Consumer Protection.

If the tenant has caused the damage they are responsible for the repair costs.

The landlord can provide a list of preferred tradespeople at the beginning of a tenancy in the case of emergencies.

Information about general responsibilities is on rental home maintenance.

Non-Urgent Repairs

The landlord does not have to fix items if the item

• was noted as not working in the rental agreement.
• cannot reasonably be expected to work e.g old intercom or fireplace.

When the tenant moves in, the first property condition report should note anything not working. During the tenancy routine inspection reports can note any non-urgent maintenance needed.

The tenant must ask for non-urgent repairs in writing. This can be via email, letter or Form 23 Notice to lessor of breach of agreement.

If the landlord does not repair the issue in a reasonable time, the tenant can contact Consumer Protection.

The tenant can organise non-urgent repairs if they have written permission from the landlord. The permission should include:

• What the repairs will cover e.g. basic repair or if any upgrades are included. Upgrades may be considered a major modification which requires a more formal request process.  
• Who handles the payment.

Urgent repairs

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

Essential services 

The landlord has 24 hours to organise repairs to essential services such as:

• water supply
• gas,
• hot water system,
• sewerage or
• electricity.

Other urgent repairs 

Other urgent repairs which are not an essential service, but if not fixed might cause:

• damage to the home (premises)
• injury to a person; or
• undue hardship or inconvenience to the tenant.

Examples include

• roof leak or possible ceiling collapse
• broken windows, locks, garage door
• second storey stair banisters or balcony railings
• ceiling fans
• storm/fire damage to property and boundary fence

A landlord has 48 hours to organise non-essential repairs with a suitable repairer. The landlord must ensure the repairs are carried out as soon as practicable.

When the landlord does not respond to urgent repair 

To organise an urgent repair the tenant must.

1. Contact the landlord as soon as possible to let them know about the problem. Tell them in writing if possible. Give them a reasonable time to respond.
2. Follow up with the landlord. Put any conversations in writing. If the landlord does not respond the tenant can organise the repairs.  The time to respond depends on the level of risk to everyone’s health and safety.
3. Check if you were given a list of preferred repairers from the landlord.
4. Get the repairs done – make sure you use a suitable repairer.
5. Send details of repairs and costs to the landlord, this includes invoice and itemised receipt.
6. The tenant should keep a copy of all requests, permissions, invoices, and receipts for their records in case of a dispute.

The repairs must be done by a qualified repairer to a basic level required to fix the problem.

The tenant must get written permission from the landlord for any upgrades such as replacing a broken hot water system with a larger one.

The landlord must reimburse the tenant for any reasonable expense. If the landlord does not pay the tenant back, the tenant can apply to the Magistrates Court.

The landlord may be ordered to pay a compensation bond to the Bond Administrator. If future disputes happen, the tenant can apply for all or part of the bond (Form 15).

When the tenant is at fault 

The tenant is responsible for repairs if they, their guests or pets cause the damage or fault. This does not include fair wear and tear.

The landlord may ask the tenant to fix the damage in writing. This can be done by email or giving the tenant a breach notice (Form 20). This written notice covers:

• what the damage is
• that the damage was caused by the tenant
• whether they want the tenant to repair the damage, or whether the landlord will repair it.

If the tenant organises the repair this must be done within 14 days. It must be repaired to the original condition at the start or the tenancy. If the tenant doesn’t repair the damage to the right standard, the landlord can claim repair costs from the bond at the end of the tenancy.

Suitable repairers 

Repairs should always be done by a suitable repairer. This means someone who is qualified to do the work, such as a registered builder, licensed electrician, gas fitter or plumber. 

Uninhabitable properties 

An uninhabitable home means staying at the home puts the tenant’s safety or health at risk. Only the local government authority can declare a home uninhabitable. The tenant should not stay at an uninhabitable home. 

Where a property is uninhabitable, there are notice requirements to leave:

• Tenant(s) must give a landlord two days written notice
• Landlord must give tenant(s) seven days written notice (Form 1C).

Ceiling collapses 

Ceiling collapses can occur for many reasons including storm damage. Warning signs include loud cracking, sagging and cracks or blisters in the ceiling.

The tenant must tell the landlord or agent straight-away if the ceiling collapses. The landlord must organise repairs as soon as possible.

Disaster advice while renting 

If the home is damaged in a disaster such as a storm, flood, bushfire, or earthquake, both the tenant and landlord have rights and responsibilities.  These fact sheets cover what the tenant and landlord can do:

• Information for tenants
• Information for landlords