Handling Repair Disputes in Western Australia

Renting a home in Western Australia comes with both rights and responsibilities. One of the crucial aspects to consider is how to manage repairs, maintenance, and urgent issues effectively. Understanding the process can help ensure that your living conditions remain safe and comfortable.

Understanding Your Repair Rights

As a renter in Western Australia, your rights regarding repairs and maintenance are protected under the Residential Tenancies Act 1987. This legislation outlines the obligations of both landlords and tenants, specifically on the upkeep of the rental property.

What Qualifies as an Urgent Repair?

Urgent repairs typically include any defect that would make the property unsafe or cause significant damage if not addressed promptly. Examples include a broken water heater, gas leaks, or electrical faults.

Steps to Request Repairs

To ensure that repair requests are addressed, follow these steps:

1. Notice to Remedy: Initially, notify the landlord or property manager of the repair needed, preferably in writing, stating the details of the issue.
2. Form 23: Notice of Breach: If repairs are not made in a reasonable time, you may issue a Form 23: Notice of Breach to formally request compliance. This form highlights the urgency and need for immediate action.
3. Apply to the Magistrates Court: If the issue persists, you can apply for an order through the Western Australia Magistrates Court to enforce the repairs.

When contacting your landlord or property manager, always ensure your communication is clear and documents are preserved to provide evidence of your attempts.

Common Disputes and Resolutions

Disputes often arise when landlords delay repairs or disagree on the necessity of maintenance. In such cases, the Western Australian government provides several avenues to resolve these issues:

• Contact Consumer Protection: The Department of Mines, Industry Regulation and Safety can offer guidance and may mediate disputes through their Consumer Protection division.
• Tenancy WA: Seek assistance from Tenancy WA, a non-profit organization offering legal advice and services to Western Australian tenants.

Seek Timely Help

"Addressing repair disputes swiftly can prevent further problems and ensure your home remains a safe environment."

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