As a tenant you have rights under the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006. This factsheet explains the law in New South Wales 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.

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 permit anyone else to damage the premises deliberately or negligently
• 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.

You are responsible for any damage caused by anyone who is on the premises with your consent.

Urgent and non-urgent repairs

Under the Residential Tenancies Act, 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 with details of the repairs, the cost and copies of receipts. The landlord must pay you for any reasonable costs incurred by you up to $1000 within 14 days of you giving them notice. If the landlord does not pay you the costs of the repairs, 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 them a clear deadline in writing). Keep a record of conversations and follow up with a letter requesting the repairs (keep a copy).

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 do non-urgent repairs yourself but you must have the landlord's permission – preferably in writing. Ask the landlord to pay you back for any costs.

If the landlord refuses to do repairs

• Keep paying your 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. Keep a copy of the letter.
• Have a solicitor or tenant advocate write a letter asking that the repairs be done.
• Contact your local Tenants Advice and Advocacy Service for help.
• 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.

Consumer, Trader and Tenancy Tribunal

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

• the landlord to do repairs
• that your rent be paid to the tribunal until repairs are done
• a reduction of your rent from the time you told the landlord of a 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, 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, if the hot-water system breaks down and the landlord does not repair it, you can apply to the tribunal 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 2008

Further help

Tenants NSW website: www.tenants.org.au
Tenants Hotline: 02 8117 3750 or 1800 251 101
Tenants Advice and Advocacy Services: see the Tenants NSW website or call the Tenants Hotline to find your local general or Aboriginal service Renting Services (NSW Office of Fair Trading): 133 220

Other factsheets

This is one of a series of factsheets on tenancy issues. Other factsheets are available from www.tenants.org.au/publish/factsheets/ or your local Tenants Advice and Advocacy Service.