Is Your Landlord Breaking Repair Laws in WA?

As a renter in Western Australia, understanding your rights regarding repairs, maintenance, and urgent issues is crucial. When landlords fail to uphold their responsibilities, it can lead to uncomfortable and even unsafe living conditions. Fortunately, tenancy laws are in place to protect renters and ensure landlords maintain the property. This article will guide you through what these laws entail and what to do if your landlord is falling short.

Understanding Your Rights in Western Australia

In Western Australia, the Residential Tenancies Act 1987 sets out the duties of landlords and tenants. It prioritizes essential services and maintains safety through timely repairs and maintenance.

What Qualifies as an Urgent Repair?

Urgent repairs are those that, if not addressed quickly, can pose a health hazard or cause further damage to the property. Examples include:

• Burst pipes or serious water leaks
• Gas leaks
• Faults or damage that make the premises unsafe or insecure

If you encounter any of these situations, your landlord must act promptly to remedy the issue.

Tip: Communicate any repair issues to your landlord in writing and retain copies for your records.

Steps to Take if Repairs Are Delayed

If your landlord delays addressing urgent repairs, follow these steps:

1. Notify: At first, inform your landlord about the issue in writing, specifying the urgency and your expectation for its resolution.
2. Form 18 (Notice of proposed action): If the landlord does not respond, you can issue a form requesting the urgent repair. This form is available on the Consumer Protection website.
3. Seek Assistance: You can apply to the Magistrates Court if your landlord still fails to act. The court can order necessary compliance.

Legal Support and Resources for Renters

If you're facing non-compliance issues, organizations like Tenancy WA provide guidance and support for Western Australian tenants.

1. What if my landlord refuses to make urgent repairs?Contact your landlord in writing. If there's no response, consider lodging a formal complaint with the Magistrates Court or seek help from Tenancy WA.
2. Can I arrange for urgent repairs myself?In certain situations, yes. Ensure you keep receipts and request reimbursement from your landlord. Consult Tenancy WA for specifics.
3. How long does a landlord have to fix a leaking roof?The timeframe for repairs depends on the severity. For urgent repairs like severe leaks, landlords must act immediately. Document communication for your protection.

1. How to address repair issues in Western Australia?
   1. @type="HowToStep"
   2. name="Step 1: Notify Landlord"
   3. text="Inform your landlord about the issue in writing."
   4. @type="HowToStep"
   5. name="Step 2: Use Form 18"
   6. text="Submit 'Notice of proposed action' if the landlord is unresponsive."
   7. @type="HowToStep"
   8. name="Step 3: Seek External Support"
   9. text="If unresolved, contact the Magistrates Court or a tenant support service."

Remember:

• Keep records of all communication with your landlord.
• Understand that safety-related repairs are considered urgent and should be prioritized by landlords.

Need Help? Resources for Renters

For assistance, you can reach out to the following:

• Tenancy WA - Offers support and resources for tenants in Western Australia.
• Residential Tenancy Branch - Provides detailed information and guidance for residential tenancy issues.
• Magistrates Court of Western Australia - Handles applications for tenancy disputes.

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1. Residential Tenancies Act 1987 2. Consumer Protection - Forms and Guides 3. Fair Trading Act 1987 (Cth)

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