Repairs and Maintenance

Repairs and maintenance

General (non-urgent) repairs

Both the tenant and the property owner must maintain the premises in as near as possible to the same condition it was in when the tenancy started - apart from reasonable wear and tear.
If repairs are needed:
- A tenant must notify an owner/agent within 7 days;
- If the tenant is not at fault for the repairs, the owner must make the repairs at their own cost.
- If the tenant caused the need for repair the tenant must pay any costs.
Whilst it is not a legal requirement that the tenant notify the owner in writing of the need for repair, it is recommended that this is done in writing (letter/email/text message) and that the tenant keep a copy of this notice. This may assist in dealing with any disputes over repairs at a later stage.
The property owner/agent has 28 days from when they were notified by the tenant to do the repair.

Some common problems

Urgent repairs

If the repairs are urgent they must be made as soon as possible.

Urgent repairs are usually required when damage occurs (eg, a broken window from a storm, or when an essential service such as heating or hot water, has stopped working). If this happens:

the tenant must notify the owner of the urgent repair as soon as they are aware of the problem.
the owner has an obligation to carry out the repair or restore the service as soon as possible.

Essential services include:

water
sewerage
removal of waste water from kitchens, bathrooms and laundries
electricity
heating
cooking stove
hot water service

Example: If one hotplate stopped working a stove would still work. This would be a general repair, not an urgent repair. However if the stove did not work at all, this would be an urgent repair.

Maintenance

As an owner
- You must maintain the property during the course of the tenancy agreement, to make sure it stays in a similar condition as agreed at the start of the tenancy.
- You must allow for reasonable wear and tear.
- You are responsible for the replacement of specialist light globes such as:
- - bathroom heater lights
  - garden lights
  - outdoor sensor lights

As a tenant
- You must keep the property in a reasonable state of cleanliness, to make sure it stays in a similar condition as agreed at the start of the tenancy.
- You are responsible for replacing common items such as:
- - regular light globes
  - fuses
  - tap washers.

Disputes about repairs

The property owner must complete repairs within the required time otherwise they may be in breach of the tenancy agreement.
Where the property owner fails to carry out repairs, or where there is a dispute about whether repairs should be carried out, the tenant should:
- contact Consumer Affairs and Fair Trading on 1300 654 499 or email consumer.affairs@justice.tas.gov.au; or
- the Tenants Union of Tasmania.
A tenant may apply to a magistrate for a court order requiring the owner to carry out repairs.
If the tenant has a fixed term agreement they may choose to leave the tenancy by giving Notice to Terminate the agreement for failure to carry out repair.