Repairs

Nothing is getting fixed

Urgent repairs, the $1,000 rule, and getting it ordered.

1. 01Your landlord must keep the place in a reasonable state of repair

   s 63

   The landlord has to provide and maintain the premises in a reasonable state of repair, taking into account the age of the property and the rent you pay. This is not optional and cannot be contracted away in the lease.

   You might have been told: "We will fix it when the owner has the money." The obligation does not depend on the owner's budget.

   Next step: Put every repair request in writing with photos and a date. A paper trail is what NCAT will ask for.

   Residential Tenancies Act 2010 (NSW) s 63

2. 02Urgent repairs have their own fast track

   s 62

   Urgent repairs include things like a burst water service, a blocked or broken toilet, a serious roof leak, a gas leak, a dangerous electrical fault, flooding, storm or fire damage, a failure of the only hot water service, and any fault that makes the place unsafe or insecure.

   You might have been told: "A broken toilet can wait until Monday." A blocked or broken toilet is an urgent repair.

   Next step: Call the landlord or agent immediately, then confirm in writing. Keep every receipt and message.

   Residential Tenancies Act 2010 (NSW) s 62

3. 03You can arrange urgent repairs yourself and be repaid up to $1,000

   s 64

   If you cannot get the landlord or agent to act, you can arrange for a qualified tradesperson to carry out the urgent repair and be reimbursed up to $1,000. The landlord must repay you within 14 days of getting your written notice of what you paid.

   You might have been told: "If you organise a plumber, that is on you." Not for urgent repairs within the $1,000 limit, when the conditions are met.

   Next step: Try to notify the landlord first, use a licensed tradesperson, keep the invoice, then send a written reimbursement request and count 14 days.

   Residential Tenancies Act 2010 (NSW) s 64

4. 04NCAT can order repairs to be done

   s 63

   If repairs are not happening you can apply to NCAT for an order that the landlord carry out the work, and for compensation or a rent reduction for the time you could not fully use the property.

   You might have been told: "There is nothing you can do but wait." The Tribunal can order the work.

   Next step: Apply to NCAT with your written requests, photos, and any quotes. Applications are low cost.

   Residential Tenancies Act 2010 (NSW) s 63 (obligation); NCAT applications under Part 7