Repairs and Maintenance in Western Australia

As a renter in Western Australia, it's important to understand your rights and responsibilities regarding repairs and maintenance. This ensures a safe and habitable living environment, while also upholding your landlord's legal obligations. Here, we provide a comprehensive guide to navigate these issues effectively.

Your Rights and Responsibilities

Under the Residential Tenancies Act 1987 (WA), landlords are required to maintain the rental property in a reasonable state of repair, adhering to health and safety standards. As a renter, it's your responsibility to report any repair needs promptly and take care of the property during your tenancy.

Types of Repairs

• Urgent Repairs: These are issues that affect your safety or security, such as broken locks, gas leaks, or electrical faults. Urgent repairs should be addressed immediately. If your landlord can't be reached, you may undertake the repairs yourself up to a specified value and be reimbursed later.
• Non-urgent Repairs: These include general maintenance issues that do not impact your immediate safety, like dripping taps or peeling paint.

How to Report Repairs

Report repairs in writing to ensure there's a record of your request. If repairs are not conducted within a reasonable time, you can take further action, such as applying to the Department of Mines, Industry Regulation and Safety (DMIRS) or the Magistrates Court of Western Australia for a resolution.

Important Forms and Applications

To address repair issues formally, the following forms are crucial:

• Notice to Remedy Breach (Form 23): Use this form to notify your landlord of a breach in the lease agreement, such as failure to perform repairs. More information can be found on the official DMIRS website.

If urgent repairs are needed and cannot be addressed, you have the right to arrange repairs up to a value of $1000 and seek reimbursement.

Need Help? Resources for Renters

If you require further assistance or advice, consider reaching out to the following resources:

• Consumer Protection WA for guidance on tenant rights and dispute resolution.
• Contact local community legal centers for free legal advice on tenancy issues.
• The Magistrates Court of Western Australia, where you can apply for orders related to tenancy disputes.

---

1. What should I do if my landlord doesn’t respond to my repair request? If your landlord does not respond, you can escalate the issue by contacting DMIRS or consider applying to the Magistrates Court for orders to enforce repairs.
2. How long should non-urgent repairs take in WA? While the law doesn't specify exact timeframes for non-urgent repairs, they should be attended to within a reasonable period. If delays occur, you can issue a Notice to Remedy Breach.
3. What constitutes an urgent repair in WA? Urgent repairs include situations impacting your safety, such as burst pipes or gas leaks, which require immediate attention.
4. Can I withhold rent until repairs are made? It's not advisable to withhold rent, as it could breach your tenancy agreement. Instead, follow the legal avenues available to resolve repair issues.

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