Urgent repairs include serious roof leak, blocked or broken toilet, electrical faults, gas leak, burst water main, serious storm or fire damage, flooding or serious flood damage, failure or breakdown of essential services i.e. gas, electricity or water supply and any other damage that makes the premise unsafe or insecure for living.
The tenant must not have caused the problem by failing to keep the agreement, or causing a problem through wilful or neglectful action, such as breaking the front door because he forgot his key or burning out the electrical wiring by replacing a fuse with a nail.
All other repairs are considered ‘routine repairs’.
Carrying out Urgent Repairs
The Tenancy agreement should include information about what to do in an emergency situation. A good idea would be to provide your tenant with an emergency Contact List stating how to contact any qualified tradesperson nominated by you in the event of an emergency situation. Ensure you provide contact phone numbers during and after business hours.
NSW and VIC: Tenants can spend up to $1,000 on urgent repairs and must be reimbursed by you with 14 days. However, you must be given a reasonable opportunity to arrange the repairs yourself first. Tenants must provide receipts or tax invoices as proof.
QLD and TAS: If it is an emergency and you or your nominated repairer cannot be contacted the tenant can arrange for a suitably qualified person to carry out the repairs to a maximum value of 2 weeks rent. The tenant can pay the repairer then after providing you with receipts, be reimbursed by you (within 7 days QLD, 14 days TAS) or ask the repairer to bill you direct.
WA and SA: The urgent repair costs must be reasonable and the tradesperson must give you a written report on the apparent cause of the problem. It is a good idea to give your tenants a list of preferred tradespeople at the start of the tenancy in order to avoid possible disputes if you cannot be contacted at the time of the emergency.
NT: You must either make repairs within 5 working days of receiving written advice from the tenant, or advise of arrangements for repairs to be done within 14 days of that advice. If emergency repairs are not carried out a tenant can apply to the Commissioner of Tenancies for an order to remedy the breach of the lease agreement or conduct an enquiry into the possibilty of terminating the lease.
Promised Repairs
Prior to the start of the tenancy should you promise to fix anything or do other work e.g. cleaning or painting this should be noted on the condition report stating an agreed date of completion.
If you do not carry out such promised work by the end of this agreed time frame the tenant then has written evidence on which to take the matter further.
Storm Damage
If your rented property suffers damage in a storm it is in the best interest of both parties to communicate regularly to work together to make the best of an unusual and difficult situation.
What happens with the tenancy?
If the rented property is unlivable or even partly unlivable, either party can give the other immediate written notice to end the tenancy permanently.
Alternatively the tenant can move out whilst repairs are taking place (at their expense) and return when work is complete. If the damage is minor and poses no safety risk they may wish to stay in the premises while the work is being carried out around them.
If the tenancy is ended permanently the rent ceases to be payable from the day the tenant vacates. Any rent paid in advance must be fully refunded. If the tenant temporarily moves out or remains in the premises the tenancy agreement is not terminated, the rent, however may be reduced or waived while the premises remains uninhabitable or partly. The level of rent reduction depends on the level of damage and the amount of use the tenant has of the remaining livable part of the premise. Any agreement between you and your tenant about the amount of rent reduction and its duration should be put in writing.
As you the Landlord have the responsibility at all times to maintain the rented premise, following a storm the first step is to inspect the damage, preferable with the tenant present.
The damage suffered may be things such as broken windows, broken roof tiles, collapsed ceilings etc.
A serious roof leak, electrical faults or other damage making the premise unsafe or not secure require immediate and urgent attention.
Document and fully itemise all parts of the premise which need repairs. If the tenancy is going to continue discuss with your tenant a timetable for repairs, recognising there may be unavoidable delays because of demand and time for insurance assessments and qualified trades people.
You are not obliged to compensate your tenant for any damage to their furniture or personal belongings arising from the storm.
Usually a tenant must be given at least 2 days notice on each occasion trades-people need to access the premise to carry out non-urgent repairs, if this is not practicable you should discuss this with your tenant to obtain permission for a shorter period of notice.
For more information on repairs click here.
Landlord Laugh Lines:
These are extracts from letters sent to Landlords:
“The toilet seat is cracked: where do I stand?”
“I am writing on behalf of my sink, which is running away from the wall.”
“Our toilet seat is broken in half and is now in three pieces.”
“Can you please tell me when our repairs are going to be done as my wife is about to become an expectant mother.”
“The toilet is blocked and we cannot bath the children until it is cleared.”
“I am still having trouble with smoke in my built in drawers.”
“Will you please send someone to mend our cracked sidewalk. Yesterday my wife tripped on it and is now pregnant.”
“Our kitchen floor is very damp, we have two children and would like a third, so will you please send someone to do something about it.”
“Will you please send a man to look at my water, it is a funny colour and not fit to drink.”
“Could you please send someone to fix our bath tap. My wife got her toe stuck in it and it is very uncomfortable for us.”