'Urgent' and 'Non-Urgent' Repairs

When repairs or maintenance are reported at an investment property, it can be a frustrating experience for everybody. Most landlords that I speak to aren't aware of the legislation that exists when it comes to 'urgent' and 'non-urgent' repairs and that they, or their agents, need to comply with specific time frames when addressing maintenance that has been reported by a tenant.

Non-urgent repairs must be addressed within 14 days.

If a tenant or resident requests urgent repairs, the landlord must respond immediately or within 24 hours.

All repairs are the landlord’s responsibility, but if the tenant or resident caused the damage, the landlord can ask them to arrange or pay for repairs.

If a tenant reports urgent repairs and they are not addressed immediately, Residential Tenancies Act 1997 permits tenants to arrange the necessary works themselves and the landlord must reimburse them up to $1800.

What is an 'Urgent Repair'?

Under the Residential Tenancies Act 1997, urgent repairs in a rental property are:

• 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.

Non-urgent repairs are, well... everything else.

Can the tenant withhold rent until the maintenance is complete?

Tenants and residents must continue paying rent even when they are waiting for repairs to be done. Failure to do so can result in standard arrears collection procedures and Notices to Vacate once the rent has not been paid for a period of 15 days.

What if maintenance is not completed on time or at all?

If maintenance items are not carried out within these time frames or within a 'reasonable' time frame, the tenant may be able to lodge a VCAT application and claim compensation or a compliance order that the works are carried out immediately or both.

The key to smooth sailing when it comes to maintenance and repairs is to act quickly and keep the lines of communication between yourself, the agent and the tenant open to avoid as many headaches as possible, remember, It's all part of owning an investment property and the costs are tax deductible.