Legal Help for Repairs in Tasmania

As a renter in Tasmania, understanding your rights regarding repairs and maintenance is crucial for ensuring a safe and comfortable living environment. The Residential Tenancy Act 1997 serves as the primary source of legal protection, detailing both tenant and landlord responsibilities¹. This article provides guidance on seeking legal help for repairs, maintenance, and urgent issues in Tasmania.

Understanding Your Repair Rights

Under the Residential Tenancy Act 1997, landlords are legally obliged to maintain the property in a reasonable state of repair². This includes addressing urgent repairs promptly, such as those affecting health, safety, or essential services.

What Qualifies as an Urgent Repair?

Urgent repairs are defined as those necessary to avoid:

• Serious damage to the property
• Injury or health risks
• Loss of essential services (e.g., water, electricity)

If faced with an urgent repair, renters should notify their landlord immediately in writing to initiate repairs.

Seeking Legal Assistance

If your landlord fails to address urgent repairs, you may need to seek legal advice or assistance. In Tasmania, tenants can approach the Consumer, Building and Occupational Services (CBOS) for tenant-related disputes³.

Filing a Complaint

To formally report unresolved repair issues, tenants can apply for a resolution through the Tasmanian Magistrates Court

Tenants should ensure that they have documented evidence of communication with the landlord and any repercussions of the issue on their living conditions.

Tip: Always retain copies of correspondence with your landlord, including emails and written notices regarding repairs.

Relevant Forms and How to Use Them

For initiating a formal dispute, tenants may use the Form 6 – Application to Resolve a Tenancy Dispute. This form is used when seeking an order from the Magistrates Court to compel the landlord to carry out necessary repairs. You can find and submit this form through the official court website.

Steps in Filing

1. Complete the Application form clearly stating the issue and desired outcome.
2. Submit it to the Magistrates Court along with any supporting documentation.
3. Attend any scheduled hearings for your application.

1. FAQs
2. What should I do if my landlord refuses to make repairs?

   In such a case, seek advice from CBOS and consider filing a complaint using Form 6 at the Magistrates Court.

3. Can I withhold rent if repairs aren't made?

   Withholding rent is not advised; instead, follow the legal pathways provided under the Residential Tenancy Act 1997.

4. Who pays for urgent repairs?

   Typically, landlords must cover the cost of urgent repairs unless tenant negligence is proven.

1. How to Apply for a Tenancy Tribunal Hearing
2. Step 1: Gather Documentation

   Collect all related documents, such as written requests for repairs and responses.

3. Step 2: Complete the Form

   Fill out the necessary tribunal application form available on the court's website.

4. Step 3: Submit Your Application

   Submit the form to the Tribunal to have your issue reviewed.

Need Help? Resources for Renters

• Tenants' Union of Tasmania - Offers legal advice and advocacy for tenants
• Legal Aid Tasmania - Provides free legal services and information
• Consumer Building and Occupational Services - Assistance with tenancy disputes
• Magistrates Court of Tasmania - Handles residential tenancy disputes

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1. 1. Residential Tenancy Act 1997 (Tas)
2. 2. CBOS Repairing and Maintaining Your Rental Property
3. 3. Consumer, Building and Occupational Services (CBOS)

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