Tenants and Repairs in Western Australia
Renting a property in Western Australia comes with certain responsibilities and rights, especially when it involves repairs and maintenance. As a tenant, it's crucial to understand how to handle such issues and what steps to take in the event of urgent repairs.
Understanding Repair Responsibilities
In Western Australia, repairs can be categorized into two main types: routine maintenance and urgent repairs. Routine maintenance involves regular upkeep of the property, such as ensuring the plumbing works properly or the garden is maintained. These are generally managed as per the tenancy agreement.
Urgent repairs typically include fixes needed to prevent health hazards or property damage, like a broken water pipe or electrical faults.
Tenant's Responsibilities
As a tenant, you're expected to keep the property in good condition and inform your landlord or property manager of any necessary repairs promptly. Failure to do so could result in further damage, for which you might be liable.
Landlord's Responsibilities
Landlords are required to ensure that the property is safe and habitable. According to the Residential Tenancies Act 1987, landlords must conduct repairs and are liable for any urgent repairs that may arise.
Handling Urgent Repairs
When urgent repairs are needed, it's important to act quickly:
- Notify your landlord: Inform them in writing about the issue immediately.
- Emergency action: If you cannot reach your landlord or property manager, you can arrange urgent repairs costing up to $1,000. Ensure you maintain all receipts for reimbursement purposes.
- Official forms: Use a written notice to communicate repair requests. The Notice of Repair form is available for this purpose.
What to Do When Repairs Aren't Addressed
If your landlord fails to address needed repairs within a reasonable time, you may need to escalate the issue:
Apply to the Magistrates Court
If repairs remain unaddressed, tenants can apply to the Magistrates Court to resolve disputes, including repair issues.
Seek Assistance
Consider reaching out to support agencies or tenant advocacy groups for further assistance.
- Read your lease agreement to understand your obligations.
- Maintain records of all repair communications.
- Consider legal advice if necessary.
Need Help? Resources for Renters
- Tenancy WA: Provides information and support for WA tenants.
- Consumer Protection WA: Offers guidance and support on tenancy issues.
- Magistrates Court of Western Australia: For lodging applications related to tenancy disputes.
- What counts as urgent repairs? Urgent repairs are issues that pose a risk to health or safety, such as electrical faults or gas leaks.
- Can I arrange repairs myself? Yes, if it's urgent and cannot contact the landlord, you can arrange repairs up to $1,000.
- What if my landlord refuses to do repairs? You can apply to the Magistrates Court for an order to have repairs done.
- How to arrange urgent repairs in Western Australia
- Notify your landlord immediately in writing about the urgent repair.
- If unreachable, arrange for the necessary repairs up to a cost of $1,000.
- Keep all receipts and seek reimbursement from your landlord.
- How to apply to the Magistrates Court for repair disputes
- Gather all communications as evidence of the issue and contact attempts.
- Complete the necessary application forms available through the Court's website.
- Attend the court hearing to present your case.
As a renter in Western Australia, understanding your rights and responsibilities regarding repairs is crucial. Ensure you communicate clearly with your landlord and know when to escalate issues.
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