Tenant Rights on Repairs & Maintenance in Tasmania

As a renter in Tasmania, it's crucial to understand your rights and responsibilities concerning repairs, maintenance, and urgent issues. Knowing how to handle these situations can lead to a more harmonious tenancy and ensure your living conditions are up to standard.

Understanding Repairs and Maintenance Obligations

In Tasmania, the Residential Tenancy Act 1997 outlines the responsibilities of both tenants and landlords concerning property upkeep. Generally, landlords must ensure the premises are in a reasonable state of repair, taking into account the property's age and rent paid.

Repairs Divided Into Categories

• Urgent Repairs: These are essential repairs required to avoid exposing the tenant to undue harm or to restore critical services such as water or electricity. If urgent repairs are needed, tenants should notify landlords immediately and the repairs should be completed promptly.
• Non-Urgent Repairs: Issues that don't pose immediate danger but require attention should be communicated in writing to the landlord and repaired within a reasonable timeframe.

Action Steps for Tenants

Dealing with Urgent Repairs

1. Notify the Landlord: Immediately inform your landlord or agent about the issue.
2. Follow Up in Writing: Document the repair request in writing to provide evidence of communication.
3. Take Further Action if Necessary: If the landlord fails to act, you may apply to the Residential Tenancy Commissioner for a repair order.

When Urgent Repairs Remain Unaddressed

If urgent repairs are not commenced within a reasonable time, tenants may undertake necessary repairs themselves and recover expenses from the landlord, provided they do not exceed certain limits1.

Key Legislation for Tenants

The Residential Tenancy Act 1997 is the primary legal framework governing residential tenancies in Tasmania. For federal perspective, the Fair Trading Act 1987 (Cth) also provides overarching protections for renters across Australia.

Need Help? Resources for Renters

• Consumer, Building and Occupational Services Tasmania - Offers support for tenants needing advice or intervention.
• Tasmanian Legal Aid - Provides free legal advice and services for tenants.
• Tenants' Union of Tasmania - A community resource offering assistance and advocating for tenant rights.

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1. What is considered an urgent repair in Tasmania? Urgent repairs include those necessary to fix critical services like heating, electricity, gas, and water supply that could pose immediate risks.
2. What should I do if non-urgent repairs are not done? Write a formal reminder to your landlord. If there's still no action, you can escalate the matter to the Residential Tenancy Commissioner.
3. Can tenants undertake urgent repairs themselves? Yes, if the landlord fails to address it in a reasonable timeframe, tenants can and should recover costs, but within specified limits.

1. How to report a maintenance issue in Tasmania
   1. Identify and document the issue with photographs, if possible, for records.
   2. Contact your landlord or property manager directly to notify them.
   3. Follow up with a written notice stating the repair or maintenance needed.
   4. Keep records of all communications and responses for future reference.
2. How to escalate a repair issue to the Residential Tenancy Commissioner
   1. Gather evidence of the repair issue and any communications with your landlord.
   2. Submit a formal application to the Residential Tenancy Commissioner via their website or in person.
   3. Attend any required hearings or mediation sessions to discuss the matter.
   4. Await the commissioner's decision or order regarding the repair issue.

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