What Are My Rights If My Landlord Won’t Fix Urgent Repairs?
When something breaks in your rental property—especially something critical like plumbing, electricity, or structural safety—you expect your landlord to act quickly. But what happens when they don’t? Under Property & Leasing Law in Australia, tenants are protected by clear rules regarding urgent repairs. Understanding your rights can help you act confidently and legally when issues arise.
What Counts as an Urgent Repair?
In Australia, each state and territory defines urgent repairs slightly differently, but generally, they include issues that pose a risk to health, safety, or essential living conditions. Common examples include:
Burst water pipes
Blocked or broken toilets
Gas leaks
Dangerous electrical faults
Flooding or serious roof leaks
Broken heating systems (especially in colder regions)
Landlords are legally required to maintain rental properties in a safe and liveable condition. This includes responding to urgent repair requests as soon as possible. Failure to do so may place them in breach of tenancy laws.
Under Australian Property & Leasing Law, landlords must:
Ensure the property meets minimum safety standards
Respond to urgent repair requests immediately
Provide contact details for emergency repairs
Reimburse tenants for repairs if they fail to act (within limits)
Ignoring urgent repairs isn’t just inconvenient—it may be unlawful.
Notify the Landlord ImmediatelyAlways report the issue as soon as possible. Use written communication such as email or SMS so there is a record. Clearly state that the issue qualifies as an urgent repair under Property & Leasing Law.
Contact the Emergency Repair PersonMost tenancy agreements include a list of approved tradespeople. If your landlord is unreachable, you can contact one of them directly.
Arrange Repairs Yourself (If Necessary)If the landlord fails to act within a reasonable timeframe, tenants are often allowed to organise repairs themselves. However:
There is usually a spending cap (varies by state)
You must use a licensed professional
You should keep all receipts
You can then request reimbursement from your landlord.
Apply for ReimbursementOnce the repair is completed, submit receipts and a formal request for repayment. Under Property & Leasing Law, landlords are typically required to reimburse valid urgent repair expenses.
Lodge a Complaint or Tribunal ApplicationIf your landlord refuses to cooperate, you can escalate the issue. Each state has a tribunal or authority that handles tenancy disputes. These bodies can:
Order the landlord to carry out repairs
Approve reimbursement claims
In some cases, allow rent reductions
State-Based Differences Matter
Australia’s tenancy laws vary slightly depending on your location. For example:
In New South Wales, tenants can spend up to a specific amount on urgent repairs without approval.
In Victoria, renters have strong protections and can apply for urgent hearings.
In Queensland, landlords must provide emergency repair contacts in the lease agreement.
Understanding your local Property & Leasing Law is essential to ensure you follow the correct process.
Can You Withhold Rent?
A common question tenants ask is whether they can stop paying rent if repairs aren’t completed. In most cases, the answer is no. Withholding rent without proper legal approval may put you in breach of your lease.
Instead, follow formal dispute processes. Tribunals may grant compensation or rent reductions if the property becomes unliveable due to unresolved urgent repairs.
Protecting Yourself as a Tenant
To strengthen your position under Property & Leasing Law, always:
Keep records of all communication
Take photos or videos of the issue
Save receipts and invoices
Know your state’s tenancy authority
Act promptly when issues arise
Being organised can make a significant difference if the dispute escalates.
When to Seek Legal Advice
If your landlord continues to ignore urgent repairs or disputes your claim, it may be worth seeking legal advice. Community legal centres and tenant advocacy groups across Australia offer free or low-cost assistance.
Professional advice can help clarify your rights and guide you through tribunal proceedings if necessary.
Dealing with a landlord who won’t fix urgent repairs can be stressful, but Australian Property & Leasing Law provides clear protections for tenants. From arranging repairs yourself to seeking tribunal intervention, you have options to ensure your living conditions remain safe and habitable.
Knowing your rights—and acting on them promptly—can make all the difference in resolving the issue effectively.
Facing urgent repair issues in your rental?
Don’t wait, understand your rights under Property & Leasing Law and take action. Contact New South Lawyers today. If you’re unsure where to start, reach out to your local tenancy authority or seek professional advice to protect your home and your wellbeing.