Renters' Rights for Repairs in Western Australia

As a renter in Western Australia, ensuring your rental property is well-maintained is not just a preference—it's a right. Whether it’s about everyday maintenance or urgent repairs, understanding what protections are offered under the Residential Tenancies Act 1987 will empower you to advocate for a safe and habitable living environment.

Understanding Your Responsibilities and Rights

Under the Residential Tenancies Act 1987, landlords in Western Australia are obligated to maintain the property in a reasonable condition and execute necessary repairs. As a tenant, you are responsible for reporting maintenance issues promptly. Here's a breakdown of what you need to know:

Routine Maintenance

• Ensure the property is kept reasonably clean.
• Report maintenance issues to the landlord in writing.
• Be aware of the Notice to Lessor of Breach of Agreement (Form 23), used if the landlord fails to make necessary repairs.

Urgent Repairs

Urgent repairs are required for essential services or to avoid health and safety risks, such as burst water services or gas leaks. In such cases:

• Notify the landlord or property manager immediately. They have 24 hours to start the repair process.
• If you're unable to reach them, consult with the Department of Mines, Industry Regulation and Safety (DMIRS) regarding taking action to arrange for repairs.

Dealing with Unresponsive Landlords

If your landlord is unresponsive in addressing maintenance or urgent repairs, you can escalate the matter by applying to the Magistrates Court of Western Australia for an order for repairs.

Filing a Tribunal Application

The following are steps to follow when filing an application for repairs through the Magistrates Court:

1. Obtain the Application Form: Download the Residential Tenancy Application Form for initiating proceedings.
2. Gather Evidence: Include all supporting documents such as photos of the issue and communications with your landlord.
3. Submit Your Application: Lodge the form and pay any applicable fees. Assistance is available from the local Tenancy WA office.

Conclusion

• Understand your rights to request repairs under the Residential Tenancies Act 1987.
• Urgent repairs should be prioritized and addressed within 24 hours.
• Keep thorough records to assist you in any proceedings or compensation claims.

Need Help? Resources for Renters

If you need more guidance on your rights or filing applications, reach out to these resources:

• WA Department of Mines, Industry Regulation and Safety
• Magistrates Court of Western Australia
• Tenancy WA

---

1. What should I do if my landlord doesn't do repairs? If your landlord does not address repair issues, document your communication and submit a Residential Tenancy Application to the Magistrates Court for enforcement.
2. Are tenants allowed to make urgent repairs themselves? Tenants can arrange urgent repairs themselves if the landlord can't be reached, but only for emergency scenarios. Costs can often be claimed back.
3. What constitutes an urgent repair? Urgent repairs in Western Australia include gas leaks, burst water pipes, or electric faults posing immediate risks.

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid