Understanding Tenant Repairs and Maintenance in NSW

Renters in New South Wales have specific rights and responsibilities when it comes to repairs, maintenance, and urgent issues in their rental properties. Knowing these can make a significant difference in maintaining a safe and healthy living environment while ensuring good landlord-tenant relations.

Key Responsibilities

Tenants must report any damage or need for repair to their landlord as soon as possible. Landlords are generally responsible for the maintenance of the property to ensure it’s in a reasonable condition.

Types of Repairs

• Urgent Repairs: These are repairs that are critical and cannot wait, such as a burst water pipe, gas leak, or electrical fault. Landlords must address these immediately.
• General Repairs: Less immediate tasks that, while important, can be scheduled. This includes things like a leaky tap or a broken door handle.

What to Do if Repairs are Needed

If a repair is required:

1. Notify the Landlord: The first step is to notify your landlord or managing agent in writing about the maintenance or repair needed.
2. Formal Request: If initial requests are ignored, submit a formal repair request. Use forms like the NSW Fair Trading Repair Notice Form to document your request.
3. Apply to Tribunal: If repairs are not undertaken, tenants can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order.

The Residential Tenancies Act 2010 also sets out guidelines for how each party should approach repairs and the time frames wherein urgent repairs should be addressed.

Tenants are advised to keep copies of all communication related to repair requests, including emails and written correspondences.

Need Help? Resources for Renters

• Tenants' Union of NSW - Offering advice and information for NSW renters.
• NSW Fair Trading - Provides guidance on rental rights and responsibilities.
• NCAT - For lodging applications regarding unresolved repair disputes.

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1. What counts as an urgent repair?Urgent repairs include issues that pose a danger or result in significant inconvenience, such as gas leaks or major plumbing issues.
2. Do I have to continue paying rent if repairs are not done?Yes, rent must be paid while waiting for repairs. However, you can apply to NCAT for orders to enforce repair completion.
3. What if my landlord refuses to do necessary repairs?If your landlord refuses to do repairs, after reasonable notice, you can apply to NCAT for an order to have the repairs completed.

1. How do I notify my landlord about needed repairs?Write a detailed communication, preferably via email, outlining the required repair and any potential health and safety issues. Use repair notice forms for formal requests.
2. How can I apply to NCAT for repair issues?To apply, prepare your documentation of repair requests and complete an application form on the NCAT website. Follow instructions for lodging the application and paying necessary fees.

Key takeaways from this discussion include the importance of promptly reporting repairs, understanding the difference between urgent and general repairs, and knowing the steps to take if your repairs are not completed.

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