As a tenant you have rights under the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006. This factsheet explains the law in NSW about repairs and maintenance.

The landlord's obligations

The landlord must:

• make sure the premises are 'reasonably' clean and fit to live in when you first move in
• maintain the premises in a 'reasonable' state of repair, considering the age of the premises, the rent you pay and the prospective life of the premises. (This includes fumigating against pests and vermin.)

Your obligations

You must:

• keep the premises 'reasonably' clean
• tell the landlord about any damage to the premises as soon as possible
• leave the premises in a condition similar to when they were rented to you, except for fair wear and tear
• not damage or let anyone damage the premises deliberately or negligently (you are responsible for damage by anyone on the premises with your consent)
• not add or remove any fixtures or do any renovations, alterations or additions to the premises without the landlord's permission – the landlord is entitled to refuse permission.

If you do not follow these obligations, the landlord can give you a notice of termination to end the tenancy and even demand compensation.

Urgent and non-urgent repairs

Under the Residential Tenancies Act 1987, repairs are either 'urgent' or 'non-urgent'.

Urgent repairs

Under section 28(2) of the Act the following need urgent repair:

• a burst water service
• 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 or laundering
• any fault or damage that makes the premises unsafe or insecure.

Getting urgent repairs done

Tell the landlord/agent about the problem and ask that repairs be done. Keep a record of your conversations. Better still, write a letter and keep a copy.

If the landlord cannot be contacted within a few days, 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
• you have given the landlord a 'reasonable' opportunity to do the repairs
• the repairs are carried out by a repair person named in your residential 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 Consumer, Trader and Tenancy Tribunal (CTTT) within 30 days 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 also ask the tribunal for a reduction in rent until the repairs are done.

Non-urgent repairs

For all other repairs, tell the landlord/agent what needs fixing and by when (give a clear deadline in writing). Keep a copy of the letter and a record of conversations.

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

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

Doing non-urgent repairs yourself

You can have non-urgent repairs done yourself but you must have the landlord's prior written permission. Ask the landlord to pay you back for any costs. Agreements about payment should be in writing.

If the landlord refuses to do repairs

• Keep paying rent. Rent strikes are a breach of your residential tenancy agreement. The landlord may try to have you evicted.
• Write to the landlord stating that they are required to do repairs under the Residential Tenancies Act 1987. Keep a copy of the letter.
• Apply to the CTTT for an order (see below). You must apply within 30 days of the landlord failing to do the repairs by your deadline. If more than 30 days have gone by, ask for an extension of time in your application.

You can contact your local Tenants Advice and Advocacy Service for help.

Consumer, Trader and Tenancy Tribunal

The CTTT is where landlords and tenants can settle disputes. The tribunal can order:

• the landlord to do repairs
• that your rent be paid to the CTTT until repairs are done
• a reduction of your rent from the time you told the landlord of the problem, and they did not fix it, until the time repairs are done (see below)
• compensation for losses you suffered because the landlord did not do repairs (e.g. damage to your belongings because the landlord failed to fix a leaking roof).

Rent reduction

Under section 47 of the Residential Tenancies Act 1987, you can apply to the CTTT for an order that the rent is too much because of a withdrawal of goods, services or facilities by the landlord.

For example, the hot-water system breaks down and the landlord does not repair it. You can apply to the CTTT to order the landlord to reduce the rent for the time you were without hot water.

Housing NSW tenants who get a rental subsidy are not entitled to a rent reduction.

Updated: June 2009

Further help

• Your local Tenants Advice and Advocacy Service: www.tenants.org.au/publish/contact-us
• Other factsheets: www.tenants.org.au/publish/factsheets
• NSW Fair Trading Information Centre: 133 220

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.