ACT Renter Rights for Repairs and Maintenance

Renters in the Australian Capital Territory (ACT) have specific rights when it comes to repairs and maintenance, ensuring safe and livable rental properties. Whether you’re dealing with a leaking roof or a faulty heater, knowing your legal stance is crucial. This guide covers common questions about repairs, maintenance, and urgent issues, helping ACT renters protect their rights while maintaining a harmonious relationship with landlords.

Your Rights to Repairs in ACT Rentals

The Residential Tenancies Act 1997 outlines the responsibility of landlords to maintain rented properties. Landlords must keep the property in a reasonable state of repair, factoring in the property's age, rent level, and prospective lifespan.

Types of Repairs

• Urgent Repairs: These include faults that could cause injury or risk to health, such as electrical issues or gas leaks. Tenants should notify landlords immediately and, if necessary, contact a licensed professional to conduct repairs if the landlord cannot be contacted. Examples include a burst water pipe or a broken heating system during winter months.
• Non-Urgent Repairs: These are minor issues that don’t immediately affect safety, like a dripping tap. Tenants should notify the landlord in writing, allowing ample time for the repair to be addressed.

Steps to Request Repairs

1. Document the issue with photos or videos.
2. Contact the landlord directly detailing the issue, ideally in writing.
3. Follow up if there is no timely response, emphasizing any safety concerns.

Understanding the Process for Urgent Repairs

In cases where urgent repairs are needed and the landlord is unresponsive, renters can proceed to arrange repairs through a qualified tradesperson. Renters may seek reimbursement from the landlord by providing written notice of the repair, including receipts and a detailed explanation.

If you’re a renter facing substantial delays in repairs, you may appeal to the ACT Civil and Administrative Tribunal for further assistance.

Common Forms for Tenants

The Notice to Remedy form New Form 2 is essential if you need to formally notify your landlord of non-urgent repair issues. This form prompts landlords to take action within a stipulated period. You can find the form on the ACT Tenancy website.

6. How often can I request repairs?
   Tenants can request repairs as often as needed. It's advised to document each request and any response from the landlord to ensure compliance with ACT laws.
7. What if repairs are not done?
   Should your landlord neglect necessary repairs, the ACT Civil and Administrative Tribunal can intervene to enforce compliance or even compensate renters for unmet obligations.
8. Can I refuse rent payments if repairs aren’t made?
   Withholding rent is not advisable as a first step. This action may breach your tenancy agreement. Instead, follow the procedure of notifying the landlord and lodging a complaint with the tribunal if necessary.

Need Help? Resources for Renters

If you have unresolved repair issues, consider reaching out to these resources for guidance:

• Tenants' Union ACT: Offers free legal advice and support to ACT renters.
• ACT Civil and Administrative Tribunal: Handles disputes between tenants and landlords.
• Consumer Affairs ACT: Provides information and assistance on tenancy rights.

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1. Residential Tenancies Act 1997 2. Fair Trading Act 1987 (Cth)

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