Repair orders

For issues around repairs or maintenance, tenants and property managers/owners should first attempt self-resolution by talking to each other and negotiating a feasible and realistic timeline for action. If self-resolution has been attempted and/or is successful, the right to issue a Notice to remedy breach (Form 11) remains to help formalise the agreement or request for repairs.

Tenants also have the option to apply for a repair order from the Queensland Civil and Administrative Tribunal (QCAT) for routine and emergency repairs. A repair order ensures that the property manager/owner takes action to address repairs to a rental property and its inclusions in a timely manner.

Repair orders apply to all types of tenancy agreements, except moveable dwellings short tenancies and rooming accommodation agreements.

What is a repair order?

A repair order is an order made by QCAT about addressing routine or emergency repairs that are needed to the rental property or its inclusions.

A repair order will continue to apply to the rental property until it is complied with and does not expire with the ending of any particular residential tenancy agreement or ownership. This means a repair order can still be in place even though the tenancy, during which the repair order was made, has ended, or even if the property is sold. 

QCAT will provide a copy of the repair order made and any time extensions granted to the RTA. Non-compliance with a repair order is an offence under the Act and will be investigated by the RTA.

About repair orders

Repair orders made will be attached to the rental property, and not to a specific tenancy or owner.

In granting a repair order, QCAT will consider:

  • if the parties followed the correct process in dealing with the issues relate to routine repairs and emergency repairs
  • the conduct of the managing party
  • the risk of injury to a person at the premises that is likely to be caused by the damage
  • the loss of amenity caused by the damage
  • any other matter the tribunal may consider relevant.

The repair order made by QCAT may include:

  • any order or direction about the repair QCAT considers appropriate in the circumstances
  • that the premises not be occupied until repairs are completed, if the premises is vacant
  • what is, or is not, to be repaired
  • a due date by which the managing party must carry out the repairs
  • whether the tenant may arrange for a suitably qualified person to carry out the repairs for an amount decided by QCAT
  • who may pay for the repairs
  • whether the tenant may pay a reduced rent until the repairs are carried out to the standard decided by QCAT
  • compensation to the tenant for the loss of amenity
  • whether a suitably qualified person must assess the need for repairs or inspect the premises or inclusions
  • whether the residential tenancy agreement will be terminated if the repairs are not completed by the due date.

The parties to the repair order are responsible for obtaining all key information and details from QCAT in relation to the repair order, such as the standard or quality of the repairs and whether the managing party will be able to perform or to conduct the repair order themselves.

Applying for a repair order

To avoid issues with enforceability of a repair order, the tenants are encouraged to list all relevant parties - including the property owner in the application to QCAT.

Although QCAT determines the content and specifics of a repair order, including the property owner in the application to QCAT may help to:

  • Clarify accountability: naming the property owner may reduce confusion about who is responsible for carrying out the required repairs and prevent misunderstandings.
  • Support compliance: including the property owner on the form provides a clearer pathway for ensuring repairs are carried out, even if the managing agent is no longer involved.
  • Encourage timely repairs: listing the property owner increases the likelihood that the responsible party is aware of their obligations and reduce delays.

The property owner's details may be found in the tenancy agreement or by contacting the property manager.

Complying with a repair order - time extensions and entry

Requesting a time extension

If the managing party believes the repair order cannot be completed by the due date stated, they should make an urgent application to QCAT for a time extension prior to the due date of the repair order to avoid non-compliance.

For a time extension to be granted, QCAT must be satisfied that the managing party is unable to complete the repair order before the due date for any of the following reasons:

  • hardship
  • a shortage of material necessary to make the repairs
  • the remote location of the premises which is causing the managing party difficulty in accessing a material necessary to make repairs, or engaging a suitably qualified person to make the repairs.

Entry to the property

If the managing party or the arranged tradesperson needs to enter the property to comply with a repair order for routine or emergency repairs, the tenant must be given the appropriate notice period using an Entry notice (Form 9).

Failure to comply with a repair order

Under the Act, non-compliance with a repair order is considered an offence that carries 50 penalty units.

QCAT provides the RTA with a copy of all repair orders and any extensions granted. Tenants cannot lodge a request for the RTA to investigate issues around failures to make repairs. However, they may request an investigation for non-compliance with a repair order if:

  • they have obtained a repair order from QCAT and
  • the managing party does not fix the issue by the deadline specified in the order (or in the order extension, if one has been granted by QCAT).

Tenants can request an RTA investigation for non-compliance with a repair order via the investigation request form.