The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) states that there are two types of repairs – emergency and routine repairs. Emergency repairs are defined in the Act. Any repairs that are not listed as emergency repairs in the Act are routine repairs.

Emergency repairs do not apply to rooming accommodation. All repairs to rooming accommodation are defined as routine repairs.

Emergency repairs are:  

• a burst water service or a serious water service leak
• a blocked or broken toilet
• a serious roof leak
• a gas leak
• a dangerous electrical fault
• flooding or serious flood damage
• serious storm, fire or impact damage
• a failure or breakdown of the gas, electricity or water supply
• a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating
• a fault or damage that makes the premises unsafe or insecure (this includes smoke alarms)
• a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant
• a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises
• repairs that are required to make the rental property comply with minimum housing standards are classified as emergency repairs.

Responsibilities around emergency repairs

To assist in addressing emergency repairs, the tenancy agreement must include:

• the name and phone number of the nominated repairer, and
• whether the property manager/owner or nominated repairer is the first point of contact to be notified of the need for emergency repairs.

If the managing party wishes to be the first point of contact about emergency repairs, they may provide their phone number in the tenancy agreement.

If an emergency repair is required, the tenant should make every effort to contact the emergency contact listed on the tenancy agreement as soon as they become aware of the issue. The regulation does not require this contact to be made in writing and verbal communication is sufficient. However, it is considered good communication practice to follow up in writing where possible. A short message by email or text can help confirm what was discussed and reduce the potential for misunderstandings.

If the tenant is unable to contact the emergency repair contact within a reasonable timeframe, either the tenant or property manager can arrange repairs up to a maximum value of 4 weeks rent.

There are special rules in place if a rental property is damaged in a natural disaster. See the natural disasters page for more information.

Reimbursement for repairs

If the property manager pays for the emergency repairs, they may make deductions up to the cost of 4 weeks’ rent. They may make these deductions from the paid rent, before transferring the remainder to the property owner’s account.

If the tenant pays for repairs, they must request reimbursement from the property manager/owner in writing. The tenant needs to provide all receipts to the property owner/manager and give them a minimum of 7 days to reimburse the money.

The tenant can make an urgent application to Queensland Civil and Administrative Tribunal (QCAT) for a decision if the property manager/owner does not reimburse them for repairs, once the deadline has passed (this must be a minimum of seven days). The tenant does not need to go through RTA dispute resolution for an urgent application and can apply directly to QCAT.

The property manager/owner can also apply to QCAT if they disagree with the request for reimbursement.

Repair orders

The tenant may make an urgent application to QCAT for a repair order for an emergency repair if either of the following applies:

• the tenant has not been able to notify the nominated repairer or the property manager/owner and is not able to organise for a suitably qualified person to carry out emergency repairs
• the emergency repair was not made within a reasonable time after the tenant notified the nominated repairer or the property manager/owner.

Learn more about repair orders.