26 September 2023

Rental repairs fall on landlords

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Consumer Protection has issued a reminder to renters and landlords that if unexpected damage happens to a rental property, landlords are required to repair the property in a reasonable time.

In his regular blog, Commissioner for Consumer Protection, Gary Newcombe says that regardless of whether damage to a rental property occurs due to wild weather or a structural issue, the landlord is legally responsible for necessary repairs and maintenance.

“Consumer Protection recently became aware of one family who had been living under a tarpaulin for three weeks after a large part of their rental property’s ceiling spontaneously collapsed, and we are currently helping the parties to reach an agreement,” Mr Newcombe said.

“Issues that could damage the property, or cause someone harm or undue hardship, require landlords and property managers to initiate urgent repairs within 48 hours.”

He said for damage to essential services, like water, gas, electricity or sewerage, the time limit was 24 hours.

Mr Newcombe said if damage to the property had reduced the facilities available, tenants might be entitled to a rent reduction.

“If no action is taken, the tenant may serve a notice for the repairs to be carried out as soon as practicable, or they may directly employ a suitably qualified repairer to carry out the works to a minimum standard, with the landlord being required to reimburse them for the costs,” he said.

“Should the landlord fail to cover these costs, the tenant can apply to the Magistrates Court for an order.

“For this reason, tenants should keep receipts and a record of contact with the landlord,” Mr Newcombe said.

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