Understanding Your Rights for Repairs in WA

Renting a home can be a wonderful experience, but it can also bring challenges, especially when it comes to maintenance and repair issues. If you're renting in Western Australia, it's crucial to understand your rights and responsibilities when it comes to repairs, maintenance, and urgent issues.

Your Rights to Repairs and Maintenance

As a tenant in Western Australia, you have the right to live in a property that is in good condition and well-maintained. The Residential Tenancies Act 1987 outlines the legal obligations for both landlords and tenants regarding repairs and maintenance.

Types of Repairs

• Urgent Repairs: These are issues that make the property unsafe or likely to cause further damage if not addressed immediately, such as burst water pipes or gas leaks.
• Non-Urgent Repairs: These involve routine maintenance and issues that do not pose immediate risks to safety or further damage.

Landlord's Responsibilities

Landlords are required to ensure that the property is safe and suitable for habitation at the start of the tenancy and to make necessary repairs during the tenancy. For urgent repairs, landlords must react promptly to protect the health and safety of tenants.

Tenant's Responsibilities

As a tenant, you should promptly notify your landlord of any maintenance issues. You are generally responsible for minor maintenance that is considered part of everyday living, such as changing light bulbs or fuses.

Action Steps for Reporting Repairs

1. Notify the Landlord: Inform the landlord in writing as soon as possible about the necessary repairs.
2. Follow Up: If there's no response within a reasonable timeframe, consider sending a formal notice regarding the repair issue.
3. Proceed with Repairs: For urgent repairs, if the landlord does not act, you may have the right to arrange for repairs yourself and seek reimbursement. Check specifics with state legislation.

If you need to arrange for urgent repairs, ensure to keep all receipts and documentation to claim back the costs from your landlord.

Relevant Forms

One critical form is the Notice of Required Repairs. This form should be used when notifying the landlord about repairs needed. It provides a formal record of repair requests and can be crucial if future disputes arise. You can find this form on the Department of Mines, Industry Regulation and Safety website.

Need Help? Resources for Renters

If you need advice or support regarding your rights as a tenant, consider contacting:

• Department of Mines, Industry Regulation and Safety - for information on tenant rights and obligations.
• Tenancy WA - for advice and support regarding tenancy matters.
• State Administrative Tribunal - for handling tenancy disputes formally.

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1. What should I do if my landlord ignores repair requests? If your landlord does not respond to repair requests, you can escalate the issue by contacting the Department of Mines, Industry Regulation and Safety or apply to the State Administrative Tribunal for intervention.
2. Are electrical repairs considered urgent? Yes, electrical issues like exposed wiring or malfunctioning safety systems are considered urgent due to the risk of harm.
3. How long does the landlord have to fix urgent repairs? Urgent repairs should typically be addressed within two to three days.
4. Can I stop paying rent until repairs are made? No, withholding rent can lead to eviction. It's better to seek dispute resolution through official channels if repairs are not made.

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