The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) states that there are two types of repairs – emergency and routine repairs. Routine repairs are any repairs which are not defined as emergency repairs in the Act.
Emergency repairs do not apply to rooming accommodation. All repairs to rooming accommodation are defined as routine repairs.
Responsibilities around routine repairs
If there is a repair required during a tenancy, it's the tenant's responsibility to tell the property manager/owner in writing as soon as possible. The tenant should not organise routine repairs without written permission.
The property manager/owner is responsible for making sure the repair is made in a reasonable timeframe. If there is a delay with the repair process (for example, due to a shortage of tradespeople or delays with getting parts for a repair) the property manager/owner should communicate with the tenant and manage expectations around repair timelines.
Tenants should allow the property manager/owner reasonable time to address repair issues, considering factors like the severity of the issue and availability of tradespeople.
The tenant should never stop paying rent to ensure repairs are made. Non-payment of rent is a breach of the agreement.
Dispute resolution
If the problem has not been fixed within a reasonable timeframe, the tenant should try to resolve the issue by talking to the property manager/owner. Self-resolution is often the quickest and easiest way to resolve tenancy issues.
If self-resolution is unsuccessful, tenants can issue the property manager/owner with a Notice to remedy breach (Form 11) for general tenancies and moveable dwelling agreements, giving them at least 7 days to fix the problem, or a Notice to remedy breach (Form R11) for rooming accommodation agreements, giving them at least 5 days to fix the problem.
If the problem still cannot be resolved the RTA’s free dispute resolution service may be able to help. If dispute resolution is unsuccessful, the tenant has the option to apply to the Queensland Civil and Administrative Tribunal (QCAT) for a repair order.
Repair orders do not apply to rooming accommodation. Instead QCAT may make an order about a breach of the tenancy agreement. Outcomes may include ordering the provider or the resident to organise and pay for the repairs or compensate the other party.
Paying for routine repairs
The property owner/manager is responsible for ensuring the property is fit to live in and in a good state of repair at the start of the tenancy and during the agreement. The owner is generally responsible for paying for repairs unless the damage was caused by the actions of the tenant.
If a tenant or their guest damages the property, the tenant may have to pay for repairs.
Example: if a tenant is moving furniture and accidentally knocks a wall and damages the plaster, they are responsible and may have to pay for repairs.
Example: if a leak in the pipes behind the wall causes damage to the plaster, the property manager/owner may have to pay for the repairs.
If the property manager/owner and the tenant disagree about who should pay for the repairs, either party can request free RTA dispute resolution.
Compensation
If the repairs have had a significant impact on the tenant's living standards and result in a loss of amenity, the property manager/owner and the tenant can explore other mutual and reasonable solutions before considering QCAT. Both parties should work together to find a solution and any agreement should be made in writing.
For example, the property manager/owner and the tenant may agree to reduce the rent until the repair has been made.