Landlord's or Agent's Responsibilities
Your landlord or agent is legally obligated to maintain the property in a condition suitable for you to live in comfortably. This includes covering the cost of specific repairs that might be necessary. However, it's crucial to understand that the property doesn't need to be in perfect condition. The definition of "reasonable condition" varies and is influenced by factors such as the property's age and the rent amount.
Tenant's Responsibilities
As a tenant, you are responsible for any damage to the property caused deliberately or through negligence. In most cases, you will be required to bear the cost of repairing this type of damage.
Making Changes to the Property
If you wish to make alterations to the property, you can do so under the following conditions:
1. Your lease agreement permits it.
2. Your landlord or agent provides written consent.
Generally, your landlord or agent cannot refuse minor changes, which may include installing:
- Fly screens on windows
- A phone line or internet connection
- Curtains or blinds
- Hooks or nails to hang paintings or picture frames
If your landlord doesn't agree to cover the expenses of these changes, you will be responsible for the costs yourself. For more information on making alterations to your rental property, you can visit the NSW Fair Trading website.
Requesting Repairs
In case the property requires repairs, it's important to follow the proper procedure:
- Continue to pay your rent, even if your landlord or agent doesn't initiate the necessary repairs. Failure to pay your rent could result in a breach of your lease agreement and potential eviction.
- Any requests for repairs should be submitted in writing to your landlord or agent, as outlined in your lease agreement.
- Repairs to the property should typically be covered by the landlord or agent, unless you are responsible for the damage.
Urgent Repairs
In most situations, if a repair is urgent and your landlord or agent fails to respond promptly, you have the option to:
- Check if your lease provides information about a preferred tradesperson.
- Proceed with the repair work and keep records of the costs, up to $1,000.
Urgent repairs may include issues such as:
- Serious plumbing or roof leaks
- Electrical faults or a malfunctioning hot water service
- Blocked toilets
- Broken stove tops or ovens
- Inoperative heating or air conditioning
- Damage from severe storms or fires
- Gas leaks
- Other serious or dangerous problems
If the repair is expected to cost more than $1,000, or you cannot afford the repair costs, you can request an urgent hearing order from the NSW Civil and Administrative Tribunal.
Reimbursement for Repairs
If you have paid for the repair yourself, you must provide written details of the repair, along with receipts, to your landlord or agent. They are required to reimburse you for the repair costs within 14 days. If they fail to do so, you can contact NSW Fair Trading's tenancy complaints service.
However, keep in mind that your landlord or agent may not be obliged to reimburse you for the cost of an urgent repair if:
- You caused the damage.
- You did not attempt to contact them about the repair.
- You did not allow them a reasonable amount of time to organize the repair.
By understanding these steps, tenants can ensure their homes remain comfortable and well-maintained, while landlords can uphold their obligations and responsibilities effectively