Landlord vs Tenant Repair Responsibilities in Each State

Most tenants become aware of landlord and tenant repair responsibilities at the most inconvenient times, like when a pipe bursts, hot water is unavailable, or during a final inspection. In each of the Australian states, there is a line between landlord and tenant repair obligations; however, where that line sits depends on the nature of the repair, the cause of the problem, and the specific provisions of the state’s residential tenancy legislation.

Landlord and Tenant Responsibilities

The best way to explain landlord and tenant responsibilities is to examine the nature of the obligations of the landlord and tenant for each of the Australian states and territories.

Generally speaking, the landlord is obligated to ensure that at the commencement of the tenancy the residential premises is in good repair. The landlord is required to maintain the residential premises in a good state of repair throughout the tenancy. Conversely, the tenant is obligated to maintain the residential premises in a reasonable state of care. In the event a repair is necessary, the tenant is obligated to notify the landlord of the repair.

The responsibilities of the landlord and tenant are not inconsistent; rather, they are complementary. A tenant is required not to cause damage to the residential premises and not to use the residential premises in a manner that goes beyond normal and reasonable use. It is the landlord who is obligated to repair and maintain the residential premises in a good state of repair. The tenant is obligated to inform the landlord of any necessary repairs promptly.

What Landlords Are Required to Repair in Australia

In Australia, all state and territory legislation requires landlords to keep the premises in a reasonable state of repair during the tenancy. This obligation cannot be excluded in a lease.

There are a number of items that landlords are obligated to repair, and these include:

• The structure of the building, walls and floors, and the building foundations
• The building’s service installations, drainage and gas
• The building’s electrical installations and fixed lighting
• Hot water services
• Window latches, locks and security devices
• Fixed appliances that are affixed to the building, such as ovens and built-in cooktops

There are state-specific requirements for smoke alarms. In NSW, landlords are required to ensure that smoke alarms are installed and working at the commencement of the tenancy and to replace the batteries every year. In a strata scheme, replacing batteries and testing smoke alarms may be the responsibility of the owners corporation; however, the landlord is still required to ensure the smoke alarms are working. Requirements vary across different states and the timeframes for repairs also vary. NSW Fair Trading publishes current guidance on smoke alarm obligations for landlords, including the specific requirements and timeframes for repairs and replacements.

Air conditioning is not legally required to be provided by landlords in most Australian states. However, if a landlord provides air conditioning as part of a lease, they are obligated to keep it in working order. Generally, tenants are responsible for cleaning the filters as routine maintenance. Landlords are obligated to perform mechanical repairs. If nothing is stated in the lease, the assumption is that mechanical repairs are the landlord’s responsibility and filter cleaning is the tenant’s.

Responsibility for the repair and maintenance of an item is determined by who owns it. Items owned and brought onto the premises by the tenant are the responsibility of the tenant. Items owned by the landlord are the responsibility of the landlord.

Tenant Responsibilities

Two main responsibilities of tenants are to keep the premises reasonably clean and to take reasonable care of the premises. For repairs that fall to the tenant and require a licensed tradesperson, small repairs and installations through Urgent Pro are available across all five cities through verified independent providers. Common handyman job costs in Australia covers what to expect to pay.

Tenants are required to perform minor maintenance tasks such as cleaning filters and replacing light globes. Tenants are also required to report needed repairs and damage to the landlord as soon as they become aware of them.

Reporting needed repairs to the landlord is required by law. Failing to do so can shift the liability for a smaller, time-sensitive repair to the tenant if the problem worsens as a result of the delay.

Tenants are responsible for the maintenance of outdoor areas and gardens, which includes lawn mowing, edging, weeding and small pruning tasks. Replacement of garden reticulation systems is the responsibility of the landlord. Repair and maintenance of gutters is also the responsibility of the landlord. Major garden works and tasks requiring specialist skills, such as tree lopping, are also the landlord’s responsibility.

Termite and pest control treatment is usually the responsibility of the landlord, unless the infestation is the result of the tenant’s negligence or poor upkeep of the premises. If a building has structural deficiencies caused by age or poor maintenance that allow pests to enter, it is the landlord’s responsibility. If no structural deficiency is responsible and the infestation was introduced through the tenant’s own activities or housekeeping, it may be the tenant’s responsibility.

Important Differences Between Urgent Repairs and Other Repair Obligations

There are important differences between urgent repairs and other repairs under the various state and territory residential tenancy laws. Urgent repairs are of an immediate and time-sensitive nature. If such repairs are not carried out, one or more of the following may occur: the condition of the property may place the health and safety of a person at risk; the property may become uninhabitable; the property may be damaged or suffer further damage; or other persons may be put at risk.

The definition of urgent repairs in the Victorian Residential Tenancies Act 1997 (as amended) is considered representative of most definitions of urgent repairs throughout Australia. The Act defines urgent repairs to include the following:

• Burst water service or pipe
• Blocked or broken toilet
• Serious roof leak
• Gas leak
• Dangerous electrical fault
• Flooding or severe damage caused by a storm
• Loss of hot water, water, gas or electricity
• Failure of appliances provided by the landlord, such as a refrigerator or cooktop
• Failure of a heating or cooling system provided by the landlord
• A safety device not working, including smoke alarms or pool fencing
• A water system fitting causing significant water wastage
• Any condition that makes the premises unsafe, dangerous or unsecure, including mould or damp caused by building conditions
• A serious problem with a lift or staircase

Many state and territory acts provide that if the landlord cannot be contacted and the required repairs are urgent, the tenant may arrange the repairs and recover the cost from the landlord. Each state and territory sets its own limits on the cost that may be recovered. Timeframes, notice and other requirements vary between states. Contact your state residential tenancies authority, such as the Residential Tenancies Authority (RTA) in Queensland, for current information and instructions before arranging any repair you intend to claim as reimbursement.

Repair Responsibilities by State

Detailed information about the requirements for repair notices and the self-help processes for tenants is also available from each state authority. Consumer Affairs Victoria publishes guidance on the processes tenants should follow to obtain an order from VCAT requiring a landlord to carry out repairs. Information is subject to change. Verify timeframes and other requirements with the authority for your state.

The Grey Areas

These situations are the most common reason for landlord-tenant repair disputes within the Urgent Pro network. In all instances, the key factor is determining the cause of the problem.

In each of these situations, the cause of the problem is the key factor in determining responsibility.

Mould

Mould that results from a building defect, such as a leaking roof, defective gutters or water rising through the structure, is the landlord’s responsibility. Mould that results from the tenant’s failure to ventilate the property adequately is the tenant’s responsibility. The rule that resolves most disputes is: determine the cause, then assign responsibility.

Fair Wear and Tear

Fair wear and tear is the natural deterioration of a property from ordinary, reasonable use over time. Tenants are not responsible for fair wear and tear. Normal and reasonable use of a property can result in deterioration, and that deterioration is fair wear and tear, which remains the landlord’s responsibility. Damage that goes beyond normal and reasonable use is the responsibility of the tenant.

Fair wear and tear includes normal scuffs on walls from everyday occupancy, gradual wear to door handles and hinges, small nail holes from hanging pictures, and carpet wear in high-traffic areas such as hallways and living rooms.

Damage that is not fair wear and tear includes liquid or other stains on carpet, large holes in walls, broken windows, and any deterioration resulting from misuse or negligent behaviour by the tenant or their guests. Handling the fixes that protect your bond before the final inspection usually costs less than a deduction for the same items.

When assessing a dispute, the most important consideration is the item’s age and condition at the start of the tenancy. An item that was already eight years old and showing wear when you moved in cannot be charged against you at full replacement cost. The condition report and photographs taken at the start of the tenancy are the key evidence of the item’s original condition.

Repairs That Need a Licensed Tradesperson

Tenants are generally required to perform and arrange the completion of repairs that are their responsibility. For repairs that fall to the tenant, the landlord is not required to arrange or pay for the work. The type of work tenants are typically responsible for is limited to replacing light globes, replacing hoses and fittings in showers and taps, and adjusting doors that have swelled slightly. A fuller list of the repairs you can do yourself sets out which jobs are safe to handle without a licensed tradesperson.

The level at which work requires a licensed tradesperson varies according to the type of work and the state or territory.

In all states of Australia, electrical work beyond replacing a light globe or a small appliance plug must be carried out by a licensed electrician. Touching wiring, switchboards or fixed fittings without a licence is not permitted in any Australian state.

In all states of Australia, plumbing work that involves cutting into pipes, replacing fixed fittings or accessing the water main requires a licensed plumber. Replacing a tap washer or a shower hose is generally permissible without a licence.

In Australian states and territories, building work above defined minor thresholds requires a licensed contractor. The applicable threshold varies by state and territory.

When a tenant needs a tradesperson for repairs that are their responsibility, home services through Urgent Pro connect tenants with verified independent providers across Brisbane, Perth, Sydney, Melbourne and the Gold Coast.

When the Landlord Is Not Responding

Write down the date, the method of notification (email is best because it creates an automatic written record), and the details of the repair request. A tribunal will ask to see this information if the matter is escalated.

The timeframe a landlord has to arrange non-urgent repairs varies by state and should be confirmed with the relevant authority. In Victoria, the required timeframe is 14 days from receipt of a written request.

For urgent repairs, time is of the essence. If the landlord does not respond to your notification, you can apply to your state tribunal for an order requiring the landlord to carry out the repair. In NSW, Fair Trading also has the power to issue rectification orders to landlords directly, without requiring a tribunal application.

Tenant rights under the Australian Consumer Law apply to any tenancy dispute where money is at stake. If a home service arranged by the tenant is not done correctly, the options available are covered in what to do when a home service is not done properly.