Legal Help for Repairs in WA
Renting a home in Western Australia comes with both responsibilities and rights, especially when it comes to repairs, maintenance, and urgent issues. Understanding these rights can help you as a tenant to ensure your living conditions are safe and satisfactory.
Your Rights and Responsibilities
Under the Residential Tenancies Act 1987, tenants in Western Australia have the right to a property that is maintained in a reasonable state of repair. This includes both general maintenance and urgent repairs.
Urgent Repairs
Urgent repairs involve issues such as burst water pipes, gas leaks, electrical faults, or anything that makes your property unsafe or uninhabitable. In such instances, you should contact the landlord or property manager immediately.
General Maintenance
General maintenance covers regular wear and tear that happens over time. It's the landlord’s responsibility to ensure timely upkeep, while you must report any issues promptly.
Seeking Legal Help
If your request for repairs is ignored, you have several options to seek assistance. You can contact the Department of Mines, Industry Regulation and Safety (DMIRS), which offers guidance and can mediate in disputes.
Document all communications and keep copies of emails and letters to support your case if it escalates.
Relevant Forms and Applications
If needed, you may apply to the State Administrative Tribunal for orders regarding repairs. It is crucial to use the correct forms when making an application:
- Form 12: Notice to the lessor of breach of agreement. Use this to formally advise your landlord of required repairs. Get it from the WA.gov.au site.
- Form 6: Application to the State Administrative Tribunal. File this if the issue remains unresolved.
Need Help? Resources for Renters
If you're experiencing difficulties, several organizations can offer assistance and advice:
- Tenancy WA - provides legal advice and advocacy for tenants.
- Department of Mines, Industry Regulation and Safety (DMIRS) - offers resources and dispute resolution services.
- State Administrative Tribunal (SAT) - handles tenancy dispute applications.
- What can I do if my landlord ignores repair requests?
If your landlord ignores your repair requests, document all attempts at communication, use Form 12 to notify them of the breach, and consider applying to the State Administrative Tribunal for an order.
- Are there specific repair issues considered urgent?
Yes, issues such as gas leaks, electrical faults, and burst pipes are classified as urgent under the Western Australia tenancy laws.
- How soon must landlords address urgent repairs?
Landlords are required to address urgent repairs immediately to ensure the property remains safe and habitable.
- How to report a maintenance issue in Western Australia?
To report a maintenance issue, inform your landlord or property manager in writing and use Form 12 if needed for more severe breaches.
- How to apply to the State Administrative Tribunal for repairs in Western Australia?
If repair requests are unmet, complete and submit Form 6 to the SAT along with supporting evidence of the issue and your communications with the landlord.
Understanding your rights and the actions you can take may save you time and ensure your living conditions stay safe and comfortable.
- Keep thorough records of all repair requests and communications.
- Utilize the proper forms and channels for unresolved disputes.
- Seek assistance from Tenancy WA or DMIRS when necessary.
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