From non-functional bathrooms to rain indoors, there’s no shortage of horror stories about disastrous rental properties circulating in the media at the moment. So, what exactly are your rights as a tenant, and how can you ensure repairs are addressed promptly?
Your rights as a tenant
According to NSW Fair Trading, a rental property must always be fit to live in, and landlords have the duty to maintain it in a “reasonable state of repair.” But this is where it gets tricky – what qualifies as “reasonable”? While it doesn’t mean the property has to be perfect, the state of the home should take into consideration its age, the rent paid and the prospective life of the property.
For repairs, you are required to always make the request in writing. If you decide to manage them independently, you’ll first need your landlord’s written permission, including agreement on reimbursement, unless it is urgent.
What qualifies as an urgent repair?
If your repair is classed as urgent, you have a special set of rights. A repair is urgent when it’s:
- a burst water service or a serious water service leak
- a blocked or broken toilet
- a serious roof leak
- a gas leak
- an electrical fault
- flooding or serious flood damage
- serious storm or fire damage
- a failure or breakdown of the gas, electricity or water supply to the property
- a failure or breakdown of the hot water service
- a failure or breakdown of the stove or oven
- a failure or breakdown of a heater or air-conditioner
- a fault or damage which makes the property unsafe or insecure.
If one of the above occurs in your rental home, your first step is to contact the agent. But what happens if they aren’t reachable, or slow to respond? Check your tenancy agreement, it may provide details of a preferred tradesperson. If all else fails, the Residential Tenancy Agreement permits you to arrange the repairs yourself, provided the need for the repair wasn’t your fault, you attempted to contact the landlord or agent, gave them a reasonable opportunity to get the repairs done and the repairs were carried out by a licensed tradesperson. In these instances, the landlord is required to reimburse you for up to $1,000.
Non-urgent repairs
For non-urgent repairs, if the property remains in a reasonable condition, landlords aren’t required by law to fix it. Instead, they have the flexibility to decide if, how, and when to carry out the repair. For example, if one of the window flyscreens is torn, the decision to repair it and the timeline for that repair lies at the landlord’s discretion.
However, if you believe the property is not being maintained in a reasonable condition and negotiations with the landlord have stalled, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for intervention.
Concerned about a rent hike?
A common myth is that landlords will hike up rent if they make non-urgent repairs. In NSW, rent can only be increased once every 12 months, following the lease’s expiration. Consider if your request is a repair or a renovation? The difference is that a renovation, which will increase the value of a property, could justify a rent hike whereas a repair, meant to correct or prevent further deterioration, shouldn’t impact your rent.
Tips to fast-track repairs
1. Utilise the right platform: Your rental agreement will nominate a preferred channel for reporting repairs. This ensures efficient processing, provides a traceable communication record and helps prevent misunderstandings, like overlooking a passing comment during a routine inspection.
For instance, at Prudential Real Estate Campbelltown, Liverpool, and Macquarie Fields, we use an online process for reporting repairs while at Prudential Real Estate Narellan we’ve transitioned to a dedicated Tenant app, allowing tenants to lodge maintenance requests directly from the app and receive status updates in real-time.
2. Build a strong relationship with your property manager: Effective relationships in property management are crucial. By knowing who to contact and through what channel, you can streamline the repair process considerably. A strong relationship is the basis for good communication, which allows you to effectively convey the severity of an issue and get answers on the anticipated timeline and procedure. We know that breakdowns can be incredibly frustrating, but remember, a property manager’s job is to protect the landlord’s asset, and that includes ensuring the property is in good repair and that any issues are promptly addressed.
As a company, Prudential Real Estate, we strive to have good relationships with tenants, get to know them personally and know their property. We understand that good communication and relationships go a long way in creating a positive experience, for both tenants and landlords. Remember, knowledge is power, and a clear understanding of your rights coupled with prompt communication can make all the difference in your rental journey.
If you have more questions or need assistance with your rental property, reach out to us at Prudential Real Estate.
The information referred to in this article was obtained from publicly accessible sources from NSW Fair Trading. The information provided in this blog post is for general guidance only and should not be taken as personal advice. We do not accept any liability for any errors or omissions.
Prudential Real Estate Campbelltown | (02) 4628 0033 | campbelltown@prudential.com.au
Prudential Real Estate Liverpool | (02) 9822 5999 | liverpool@prudential.com.au
Prudential Real Estate Macquarie Fields | (02) 9605 5333 | macquariefields@prudential.com.au
Prudential Real Estate Narellan | (02) 4624 4400 | narellan@prudential.com.au
