In this article, we will cover the key aspects of requesting repairs and improvements to a property in Australia, taking into account current Property Law regulations, and offering practical advice to ensure you stay compliant while safeguarding your rights.
Understanding Property Law and Its Application
Property Law in Australia governs the rights and responsibilities of both property owners (landlords) and tenants when it comes to property management. One of the fundamental aspects of this law is maintaining the property in a safe and habitable condition, which includes ensuring timely repairs and, in some cases, allowing improvements to the property. Whether you’re dealing with residential or commercial property, understanding your rights under Australian Property Law is crucial to ensuring a smooth relationship between tenants and landlords.
Who is Responsible for Repairs?Under Australian Property Law, the responsibility for repairs generally falls to the landlord, but the specifics can vary depending on the type of tenancy, the terms of the lease, and the nature of the repair. For residential properties, landlords are legally required to ensure the property is safe and suitable for occupation. For commercial properties, the obligations may vary based on the commercial lease terms, but similar principles of safety and suitability apply.
Residential Property: Landlords are responsible for general maintenance and urgent repairs. Urgent repairs include those related to essential services like electricity, water, and heating.
Commercial Property: The lease agreement usually specifies whether the landlord or tenant is responsible for repairs and maintenance. In many cases, tenants may be responsible for minor repairs, while the landlord is required to ensure the property complies with relevant building regulations.
When Are Tenants Responsible?While the primary responsibility for repairs typically rests with the landlord, tenants may also be responsible for some maintenance. For instance, tenants are expected to maintain the property in good condition and not cause any deliberate damage. They are also responsible for promptly notifying the landlord or property manager when repairs are required.In commercial properties, tenants may also be obligated to carry out certain repairs or maintenance, depending on the lease agreement. In cases where tenants wish to make improvements, the process will usually require landlord approval.
The Process of Requesting Repairs
Identifying the IssueThe first step in requesting repairs is to identify the issue and determine whether it qualifies as an urgent or non-urgent repair. Urgent repairs include problems that pose an immediate risk to health and safety or cause damage to the property. Examples of urgent repairs include:
Burst water pipes
Gas leaks
Dangerous electrical faults
Roof leaks during rain
Malfunctioning heating or cooling systems during extreme weather
For non-urgent repairs, the issue may not pose an immediate threat, but it still needs to be addressed to maintain the property’s condition. Examples of non-urgent repairs include:
Peeling paint
Minor plumbing issues (e.g., leaking taps)
Broken appliances that do not affect essential services
Reviewing the Lease or Rental AgreementBefore submitting a repair request, it’s important to review the lease or rental agreement to understand the terms related to repairs and maintenance. The agreement will outline the obligations of both the tenant and landlord, as well as the process for requesting repairs.For commercial properties, tenants should check whether they are responsible for specific types of repairs or whether the landlord is required to take action. Residential tenants should review the rental agreement for any clauses regarding the timeframe for repairs and how they should be reported.
Submitting a Formal Repair RequestOnce you’ve identified the issue and reviewed your lease or rental agreement, the next step is to formally submit a repair request. This should always be done in writing to create a paper trail in case there are any disputes later on. A formal repair request should include:
A clear description of the issue
Photos or evidence of the damage
A request for the repair to be addressed promptly
A timeframe within which you expect the repairs to be completed (for urgent repairs, this should be immediate)
It’s important to follow up your request if you don’t receive a response within a reasonable timeframe, especially for urgent repairs.
Understanding Timelines for RepairsAustralian Property Law sets specific timelines for different types of repairs:
Urgent Repairs: These should be attended to as soon as possible, typically within 24-48 hours.
Non-Urgent Repairs: The timeframe for non-urgent repairs varies, but landlords are generally required to complete these repairs within 14-28 days.
If the landlord or property manager fails to carry out the necessary repairs within the required timeframe, tenants may have the option to take further action, such as seeking legal advice or applying for a tribunal hearing.
Requesting Property Improvements
In some cases, tenants may wish to make improvements to the property, such as adding fixtures, renovating a room, or installing new appliances. Unlike repairs, property improvements are not always required under the lease agreement and often require landlord approval.
Seeking PermissionTo request improvements to the property, tenants must first seek permission from the landlord or property manager. This request should include:
A detailed description of the proposed improvement
An explanation of how the improvement will benefit the property
Assurance that the improvement will not cause damage or devalue the property
Landlords are not obligated to approve improvement requests, but if the improvement adds value to the property, they may be more inclined to grant permission
Covering the CostsIn most cases, tenants are responsible for covering the costs of improvements, unless otherwise agreed with the landlord. In some situations, landlords may agree to cover part of the cost if the improvement significantly increases the property’s value or appeal.
Documenting the AgreementIf the landlord approves the improvement request, it’s essential to document the agreement in writing. This ensures that both parties are clear on the terms, including who is responsible for the costs, who will carry out the work, and whether the improvement can remain in place when the tenancy ends.
Handling Disputes Over Repairs or Improvements
Disputes between tenants and landlords can arise when there is a disagreement over repair responsibilities or the scope of approved improvements. Common issues include landlords failing to carry out repairs in a timely manner or tenants making unauthorised improvements.
CommunicationThe first step in resolving any dispute is to attempt direct communication with the landlord or property manager. Often, clear communication can help resolve misunderstandings and reach an amicable solution.
Involving Third PartiesIf communication fails, tenants or landlords may involve third parties, such as a mediation service, to assist in resolving the dispute. Mediation allows both parties to present their case in a neutral environment and can often lead to a fair resolution without legal action.
Legal Action or Tribunal HearingsIf the dispute remains unresolved, tenants and landlords may seek legal recourse through a tribunal. For residential properties, tenants can apply to their state’s tenancy tribunal, such as the NSW Civil and Administrative Tribunal (NCAT), to resolve repair disputes. Commercial property disputes may be taken to a higher court, depending on the nature of the dispute.
Australian Building Codes BoardThe Australian Building Codes Board oversees regulations related to building safety and compliance, relevant for landlords and tenants requesting property improvements.
If you’re unsure of how to proceed with a repair request or have a dispute over property maintenance, it’s always advisable to seek legal advice. At New South Lawyers, we specialise in Property Law and are here to provide expert guidance.
