Who is responsible for repairs?
The property manager/owner is responsible for ensuring the property is fit to live in and in a good state of repair. The tenant must notify them of any repairs needed. If a tenant, or their guest, damages the property, they may have to pay for repairs.
Example 1. If a tenant breaks a window by throwing a ball through it, they are responsible and have to pay for repairs.
Example 2. If a window falls out of the frame, and breaks, due to ageing putty that may be fair wear and tear and the property manager/owner may have to pay.
The property manager/owner generally carries out any repairs or organises someone to do so.
There are 2 kinds of repairs:
- routine, and
- emergency (general tenancies only).
The property manager/owner must carry out repairs within a reasonable time and comply with the entry rules. There are no rules about emergency repairs in rooming accommodation (apart from entry rules) and the tenant must not arrange emergency repairs.
- It is best to inform the property manager/owner of required repairs in writing
- Timeframes for repairs vary depending on the circumstances (e.g. availability of tradespeople) and the type of repairs needed
- the tenant should not carry out repairs without written permission
Property Manager/Owner Does Not Carry Out Routine Repairs
- If the problem has not been fixed, the tenant should try to resolve the issue by talking to the property manager/owner.
- If routine repairs are not organised within a reasonable time, the tenant can issue the property manager/owner with a Notice to remedy breach (Form 11) giving them 7 days to fix the problem. Rooming accommodation tenants use Notice to remedy breach (Form R11) giving the property manager/owner 5 days to fix the problem.
- If the problem cannot be resolved the RTA’s dispute resolution service may be about to help.
- The tenant should never stop paying rent to ensure repairs are made. Non-payment of rent is a breach of the agreement.
Paying For Emergency Repairs
If the tenant pays the repairer they need to give all receipts to the property manager/owner who must pay them back within 7 days.
Alternatively, the tenant may ask the property manager/owner to pay the repairer directly.
Disagreement About Emergency Repairs
If the tenant and property manager/owner do not agree about the emergency repair, or if the tenant has not been reimbursed for repairs within 7 days, they can apply to QCAT for a decision.
The tenant should contact the property manager/owner or the nominated repairer (listed on the tenancy agreement) about the problem. It is a good idea to put the request in writing as evidence of notification. Best Move Property have provided a form below where you can instantly lodge your request.
If for any reason our team cannot be contacted, the tenant can arrange for a qualified person to carry out emergency repairs to a maximum value of 2 weeks rent. In this instance you will need to provide evidence of all missed communication correspondence.
Emergency Repairs Are:
- a burst water service or a serious water service leak
- a blocked or broken toilet
- a serious roof leak
- a gas leak
- a dangerous electrical fault
- flooding or serious flood damage
- serious storm, fire or impact damage
- a failure or breakdown of the gas, electricity or water supply
- a failure or breakdown of an essential service or appliance on the property for hot water, cooking or heating
- a fault or damage that makes the property unsafe or insecure
- a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant
- a serious fault in a staircase, lift or other common area of the property that unduly inconveniences a tenant in gaining access to, or using, the property.
All other repairs are considered routine repairs.