Rental Properties - What Counts as Urgent Repairs?
by Lorena D'Amico, Property Portfolio Manager
Ensuring a rental property is maintained appropriately is essential, not only for ensuring the value and longevity of the asset for the Landlord, but also for ensuring the Tenants living conditions are safe and suitable.
As per the Residential Tenancy Act, it’s the Landlord’s responsibility to ensure the property is always kept in “good repair” and must be “fit to live in.”
As well as the Landlord’s responsibilities, it’s also expected of the Tenant to keep the property clean and tidy, whilst avoiding any potential damage. If there is damage to the property, whether by the fault of the Tenant or by other means, the Tenant must notify the Property Manager or Landlord immediately.
There are some items or damage to rental properties which the Residential Tenancy Act determines as “urgent.” These types of repairs must be brought to the Property Manager or Landlord’s attention as soon as reasonably possible, whereby the repairs must be carried out “immediately.”
Urgent repairs are defined as:
- Burst water service
- Blocked or broken toilet system
- Serious roof leak
- Gas leak
- Dangerous electrical fault
- Flooding or serious flood damage
- Serious storm or fire damage
- Failure or breakdown of any essential service or appliance provided by a Landlord or Agent for hot water, water, cooking, heating, or laundering
- Failure or breakdown of the gas, electricity or water supply
- Any fault or damage in the premises that makes the premises unsafe or insecure
- An appliance, fitting or fixture that is not working properly and causes a substantial amount of water to be wasted
- A serious fault in a lift or staircase
If an “urgent” repair is not the fault of the Tenant
If an “urgent” repair is not the fault of the Tenant, the Tenant must notify the Landlord or Property Manager as soon as possible so the problem can be resolved. The Landlord has a responsibility to repair the damage immediately, at the Landlord’s cost.
If the Tenant has taken “reasonable steps” to arrange for the Landlord or Property Manager to carry out the repair, yet the issue is not being resolved as soon as possible, the Tenant may arrange for the repairs to be carried out themselves through appropriate professionals. In this instance, they are required to give the Landlord 14 day’s written notice of the repairs which were carried out and the cost involved. Due to not resolving the issue “immediately”, the Landlord, in this instance, would be liable to reimburse the Tenant for the reasonable cost of the repairs, or $1000, whichever is less.
If an “urgent” repair is the fault of the Tenant
If an “urgent” repair is the fault of the Tenant, the Tenant must still notify the Landlord or Property Manager as soon as possible so the problem can be resolved.
The Landlord may, in this instance, request the Tenant to arrange repair of the damage at the Tenants expense within 14 days of written notice. If the Tenant does not repair the damage, or has repaired the damage but not to a “tradesman-like” manner, the Landlord may arrange for the damage to be repaired through their own avenues, and the Tenant would be liable for the reasonable cost of this repair.
Maintaining a Quality Property
Maintaining the quality of a rental property is in the best interest of both the Landlord and the Tenant. This can be assured by open and clear communication of all parties, and by ensuring the Property Manager carries out regular inspections.
If you are unsure of your obligations as a Landlord or Tenant, or would like to speak with a Property Portfolio Manger about your investment property, please call our office on 1300 726 082 and we can arrange a suitable appointment.
To book an appointment with a John Hopkins Property Portfolio Manager, please call our Client Liaison Officer on 1300 726 082 or click here.