Factsheet 06 [PDF]

As a tenant you have rights under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2010. This factsheet explains the law in NSW about repairs and maintenance for rented premises.

The landlord’s obligations

Under the terms of the standard residential tenancy agreement, the landlord agrees:

• to ensure the premises are ‘reasonably’ clean and fit to live in when you first move in
• to keep the premises in ‘reasonable’ repair, having regard to the age of the premises, the amount of rent you pay and the prospective life of the premises.

The landlord cannot avoid their obligation to keep the premises in reasonable repair simply because they notified you that the premises were in a state of disrepair at the start of your tenancy.

The landlord is not in breach of their obligation to keep the premises in reasonable repair if the state of disrepair is caused by you breaching the tenancy agreement.

Talk to your local Tenants Advice and Advocacy Service (TAAS) about repairs and the landlord’s need to mitigate loss if you are at fault.

Your obligations

Under the terms of the standard residential tenancy agreement, you agree:

• to keep the premises ‘reasonably’ clean
• to tell the landlord about any damage to the premises as soon as possible
• to leave the premises as nearly as possible in the same condition to when they were let to you, except for fair wear and tear
• not to damage or let anyone damage the premises deliberately or negligently – you are responsible for damage by anyone on the premises with your consent
• not to add or remove any fixtures or do any renovations, alterations or additions to the premises without the landlord’s written consent (unless permitted under the tenancy agreement).

If you do not meet these obligations, the landlord may apply to the Consumer, Trader and Tenancy Tribunal (CTTT) for order/s that you comply with the tenancy agreement, to end your tenancy or for compensation.

Urgent repairs

Urgent repairs means any work needed to repair any of the following:

• a burst water service
• a broken or malfunctioning appliance, fitting or fixture causing a substantial waste of water
• a blocked or broken toilet
• a serious roof leak
• a gas leak
• a dangerous electrical fault
• flooding or serious flood damage
• serious storm or fire damage
• a failure or breakdown of the gas, electricity or water supply
• a failure or breakdown of any essential service for hot water, cooking, heating, cooling or laundering
• any fault or damage that makes the premises unsafe or insecure.

Getting urgent repairs done

Notify the landlord/agent – in writing if possible – about what needs fixing. Follow up any conversations with a letter. Keep a copy of the letter and a record of any conversations as evidence that you have notified the landlord/agent.

If the landlord/agent cannot be contacted or is unwilling to do the urgent repairs, you can arrange for them to be done. However, you must be able to show that:

• the problem was not your fault
• you have made a ‘reasonable’ attempt to contact the landlord/agent
• you have given the landlord/agent a ‘reasonable’ opportunity to do the repairs
• the repairs are carried out by a repair person named in your tenancy agreement (if possible) or by a licensed or qualified tradesperson.

You must give the landlord/agent written notice detailing the repairs, costs and copies of receipts. The landlord must pay you for any reasonable costs you incurred up to $1000 within 14 days of your notice.

If the landlord does not pay, you can apply to the CTTT within 3 months for an order that they do so.

If you cannot afford to pay for urgent repairs, apply to the CTTT for an urgent hearing for the repairs to be done. You may apply to the CTTT for a rent reduction until the repairs are done (see below).

‘Non-urgent’ repairs

Notify the landlord/agent in writing about what needs fixing and by when – give a clear deadline. Keep a copy of the letter and a record of any conversations as evidence that you have notified them.

If you are dealing with a real estate agent, you can also:

• write details of the problem in the agency’s complaint book
• contact the principal of the agency
• contact your landlord directly.

Undertaking non-urgent repairs yourself

You must have the landlord’s prior consent before undertaking non-urgent repairs. Ask the landlord to pay you back for any costs. Get their consent and agreement to pay in writing.

If the landlord fails to do repairs

• Keep paying your rent. Rent strikes are a breach of your tenancy agreement. The landlord may take action to end your tenancy.
• You can apply to the CTTT for order/s – see below.

Applying to the CTTT for orders

You can apply for one or more of the following orders:

• that the landlord do the repairs you have specified – apply within 3 months of the landlord failing to do repairs by your deadline
• that the rent is reduced from when you told the landlord/agent about the need for the repairs until repairs are done – apply at any time before the end of the tenancy (a rent reduction is not practical for social housing tenants who receive a rent rebate)
• that the landlord compensate you for losses you suffered because they did not do the repairs – apply within 3 months of the landlord failing to do repairs by your deadline
• that all or part of the rent is paid to the CTTT until the repairs are done.

See Factsheet 11: Consumer, Trader and Tenancy Tribunal and contact your local TAAS for advice about how to prepare an application.

Applying for an order for repairs

You must be able to show that:

• the premises were not in reasonable repair
• you told landlord/agent about the need for the repairs or that they ought to have reasonably known about it
• the landlord/agent failed to act with reasonable diligence to have the repairs carried out.

Applying for a rent reduction

The CTTT may make an order that the rent is or was excessive due to a reduction or withdrawal by the landlord of any goods, services or facilities provided with the premises.

For example: The landlord fails to repair a broken-down hot-water system. Apply for an order that the rent was excessive for the time you were without hot water.

If the CTTT finds the rent excessive, it will make an excessive rent order. It will specify:

• the amount that the rent must not exceed
• the day from which this maximum rent applies – for a period of up to of 12 months.

See Factsheet 04: Rent increases for how to prepare an excessive rent case.

Applying for compensation

You can apply for order/s that the landlord compensate you for ‘economic loss’. For example:

• you had to spend money on take-away food because the landlord failed to fix the stove
• your belongings are destroyed or damaged because the landlord failed to fix a leaking roof.

You may also apply for an order that the landlord compensate you for distress and disappointment (‘non-economic loss’). Contact your local TAAS for advice before doing this.

You must be able to show that your loss was caused by the landlord’s failure to do repairs. The CTTT may not order compensation for losses that you could have avoided by taking reasonable steps (e.g. moving your furniture from under a leaking roof).

January 2011

The information in this factsheet:
• is intended as guide to the law and should not be used as a substitute for legal advice
• applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia.
© Tenants' Union of NSW.