Property & Leasing Law: If Your Landlord Refuses Repairs
When renting a property in Australia, tenants expect their home to be safe, secure, and liveable. Unfortunately, situations sometimes arise where a landlord fails or outright refuses to carry out necessary repairs. Understanding your rights under Property & Leasing Law is crucial to ensure you are protected and know the steps to take.
This article explains the legal responsibilities of landlords, the rights of tenants, and the options available if your landlord ignores repair requests.
Australian Property & Leasing Law places clear obligations on landlords to maintain rental properties. Generally, landlords must:
Ensure the premises are fit to live in at the start of the tenancy.
Keep the property in reasonable repair during the lease.
Comply with state and territory building, health, and safety standards.
This includes maintaining essential services such as electricity, water, gas, plumbing, heating, and structural safety.
For example:
In NSW, the Residential Tenancies Act 2010 requires landlords to provide premises that are “reasonably clean” and “fit for habitation.”
In Victoria, landlords must comply with minimum standards set by the Residential Tenancies Act 1997, including functioning locks, heating, and sanitation facilities.
In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 ensures landlords repair the property and keep it fit for occupation.
Failure to comply with these obligations can amount to a breach of tenancy laws.
Types of repairs landlords must carry out
Under Property & Leasing Law, repairs fall into two main categories:
Urgent repairsUrgent repairs are issues that pose health or safety risks or make the property unliveable. Examples include:
Burst water pipes
Blocked or broken toilets
Gas leaks
Electrical faults
Broken heating or cooling in extreme conditions
Serious roof leaks
Tenants are entitled to have urgent repairs carried out promptly, often within 24–48 hours depending on the state.
Non-urgent repairsThese include minor issues that do not immediately affect safety or habitability, such as a dripping tap, faulty cupboard door, or broken flyscreen. While less urgent, landlords are still legally required to address these repairs within a reasonable timeframe.
What to do if your landlord refuses repairs
If your landlord ignores or refuses to act, you should follow these steps:
Report the issue in writingNotify your landlord or property manager of the problem in writing. Keep copies of all correspondence for your records.
Allow a reasonable timeframeLandlords must be given a fair opportunity to address the repair. For urgent repairs, action is usually required immediately. For non-urgent repairs, timelines vary by state but generally range from 14–30 days.
Escalate the matterIf your landlord continues to refuse:
Contact your local tenancy authority, such as NSW Fair Trading, Consumer Affairs Victoria, or the Residential Tenancies Authority (Queensland).
You may lodge a formal complaint or apply for a tribunal hearing through bodies such as the NSW Civil and Administrative Tribunal (NCAT) or Victorian Civil and Administrative Tribunal (VCAT).
Organise repairs yourself (if permitted)Some states allow tenants to arrange urgent repairs themselves if the landlord fails to act, with costs reimbursed by the landlord (up to a capped amount). For example, in NSW tenants can claim back up to $1,000 for urgent repairs. Always check the rules in your state before proceeding.
Seek compensationIf you’ve suffered financial loss or inconvenience due to the landlord’s refusal to repair (e.g., damaged belongings from a leaking roof), you may be entitled to claim compensation through your tenancy tribunal.
Risks for landlords who refuse repairs
Landlords who fail to comply with their obligations under Property & Leasing Law risk:
Tribunal orders compelling them to carry out repairs
These bodies can provide information on your rights, help with applications to tribunals, and guide you through disputes.
Navigating disputes with landlords can be stressful, especially when repairs directly impact your safety and quality of life. Fortunately, Property & Leasing Law offers strong protections for tenants across Australia. By understanding your rights, following the proper steps, and seeking legal support when needed, you can ensure your landlord upholds their obligations.
At New South Lawyers, we specialise in Property & Leasing Law and are committed to protecting tenants’ rights. If your landlord refuses to carry out necessary repairs, you don’t have to face the issue alone. Our experienced legal team will guide you through the process, represent your interests, and help you achieve a fair resolution.
Contact New South Lawyers today to safeguard your rights and ensure your landlord fulfils their obligations.
