Understanding Repairs and Maintenance Rights in Tasmania

Renting a property in Tasmania comes with a set of rights and responsibilities, particularly when it comes to repairs and maintenance. Understanding these rights can help you ensure your rental property remains safe and habitable. This article outlines what Tasmanian renters need to know about their rights concerning repairs, maintenance, and urgent issues, while also providing practical steps on how to address these issues legally.

Your Rights as a Renter

In Tasmania, tenants' rights regarding repairs and maintenance are primarily governed by the Residential Tenancy Act 1997. This act obligates landlords to maintain the property in a reasonable state of repair and comply with health, safety, and building laws. Additionally, landlords must provide and maintain locks to ensure the premises are secure.

Types of Repairs

Repairs can be categorized into two types: routine repairs and urgent repairs.

• Routine Repairs: These are non-urgent repairs, such as fixing a leaky tap or faulty door handle. Tenants should report these issues to their landlord or property manager in a timely manner.
• Urgent Repairs: These include situations that require immediate attention to ensure the property remains safe or complies with health regulations, such as a gas leak or electrical faults.

Steps for Requesting Repairs

To request repairs, follow these steps:

1. Notify your landlord or property manager in writing, detailing the nature of the repair.
2. If the repair is urgent and the landlord is not responsive, tenants may contact a qualified repairer to fix the issue and seek reimbursement, provided they follow the proper procedure.
3. In case of a dispute, you can apply to the Residential Tenancy Commissioner for resolution.

Legal Protections and Dispute Resolution

If your landlord fails to carry out necessary repairs, you can apply for a hearing with the Residential Tenancy Commissioner.

Tip: Always keep copies of communications and receipts related to repair requests and expenditure.

Tenants are protected under the Fair Trading Act 1987 (Cth), which ensures that they are not subject to unfair practices.

1. What should I do if my landlord doesn't respond to a repair request? If your landlord fails to respond to repair requests, escalate the issue to the Residential Tenancy Commissioner or consider seeking legal advice.
2. Can I stop paying rent until repairs are made? Withholding rent is not advisable. Instead, follow legal steps to address the issue with your landlord.
3. How can I ensure I'm not liable for repairs? Ensure you report damages as soon as they occur and document all communication with your landlord regarding the issue.

1. How to request urgent repairs in Tasmania
   1. Contact your landlord immediately and inform them of the issue.
   2. If there's no timely response, use a licensed professional to carry out the repair and inform your landlord.
   3. Keep receipts and any correspondence to apply for reimbursement.

Key takeaways include being proactive in reporting and documenting repairs, understanding your rights under the Residential Tenancy Act, and knowing when to involve the Residential Tenancy Commissioner to resolve disputes.

Need Help? Resources for Renters

For assistance, Tasmanian renters can contact the Consumer, Building and Occupational Services or visit local community legal centres for advice. The Residential Tenancy Commissioner is also a key resource for dispute resolution.

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1. Residential Tenancy Act 1997
2. Residential Tenancy Commissioner
3. Fair Trading Act 1987 (Cth)

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