Landlord Repairs and Maintenance Laws in ACT

Renting a property in the Australian Capital Territory (ACT) comes with certain rights and responsibilities. As a tenant, it's crucial to be aware of your rights concerning repairs, maintenance, and urgent issues within your rental property.

Understanding Repairs and Maintenance Responsibilities

In the ACT, landlords are legally required to ensure the rental property is maintained in a reasonable state of repair throughout the tenancy, as outlined in the Residential Tenancies Act 1997. This means addressing any necessary repairs and conducting regular maintenance according to local laws.

What Qualifies as Urgent Repairs?

Urgent repairs are those issues that, if not addressed promptly, pose a threat to health, safety, or security. Examples include:

• A broken heater in winter
• A burst water service or serious water leaks
• A gas leak or dangerous electrical fault
• Serious roof leaks
• Serious storm or fire damage

Landlords in the ACT are required to respond to urgent repairs immediately if possible, and no later than 24 hours after being notified by the tenant.

Steps for Tenants When Landlords Do Not Comply

If your landlord is not addressing repairs in a timely manner, you can take the following steps:

1. Notify the Landlord: Provide written notice detailing the issue and request a response within a reasonable timeframe. Keep a copy of this correspondence.
2. Use Form 19: Notice to Remedy: If the landlord fails to respond, issue a Form 19: Notice to Remedy. This formal notice gives the landlord 14 days to rectify the issue.
3. Application to ACAT: If the landlord still does not comply, you can apply to the ACT Civil and Administrative Tribunal (ACAT) for a resolution. More details about this can be found on the ACAT website.

Potential Outcomes

The ACAT may order the landlord to make necessary repairs, reduce your rent until repairs are completed, or award compensation for any inconvenience or loss you have experienced due to the delay.

Always document every interaction and keep copies of all correspondence related to repair issues.

Legislative Framework

The key legislative framework governing repairs and maintenance in rental properties within the ACT is the Residential Tenancies Act 1997. Additionally, the Fair Trading Act 1987 (Cth) helps protect consumer rights on a national level.

FAQ Section

1. What if my landlord ignores urgent repair requests?
   You can contact a professional to carry out the repairs and deduct the cost from your rent if you have taken all reasonable steps to have the landlord address the issue without success.
2. How can I prove lack of maintenance?
   Take dated photographs, keep records of communications, and if necessary, get a written report from a professional.
3. Can I be evicted for demanding repairs?
   Landlords cannot evict tenants for requesting necessary repairs. Such an eviction would be retaliatory and can be disputed at ACAT.

How To Section: Filing a Complaint Against Your Landlord

1. Step 1: Document the Issue
   Keep a detailed record of the repair issue and any communication with your landlord.
2. Step 2: Serve a Notice
   Issue a Form 19: Notice to Remedy, specifying the repair need and expected timeframe.
3. Step 3: Apply to ACAT
   If unresolved, complete an application to ACAT, enclosing evidence of attempts to resolve the issue directly with the landlord.

Need Help? Resources for Renters

• ACT Tenancy Advice Service
• ACT Civil and Administrative Tribunal (ACAT)
• Legal Aid ACT

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1. Residential Tenancies Act 1997
2. ACT Civil and Administrative Tribunal (ACAT)
3. Fair Trading Act 1987 (Cth)

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