Update
Rental law changes introducing minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023, and will come into effect for all remaining tenancies on 1 September 2024.
The Residential 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.
Routine repairs process
The tenant should inform a property manager/owner about the need for a repair. It is best to do this in writing.
Timeframes for repairs vary depending on the circumstances (e.g. availability of tradespeople) and the type of repairs needed. The tenant should not organise routine repairs without written permission.
Property manager/owner does not carry out routine repairs
If the problem has not been fixed, 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.
The tenant should never stop paying rent to ensure repairs are made. Non-payment of rent is a breach of the agreement.
General tenancies and movable dwellings
If routine repairs are not organised within a reasonable time, tenants can issue the property manager/owner with a Notice to remedy breach (Form 11) giving them at least seven days to fix the problem.
If the problem cannot be resolved the RTA’s free dispute resolution service may be able to help. If dispute resolution is unsuccessful, the tenant also has the option to apply to the Queensland Civil and Administrative Tribunal (QCAT) for a repair order.
Rooming accommodation
If routine repairs are not organised within a reasonable time, residents can issue the provider with a Notice to remedy breach (Form R11) giving them at least five days to fix the problem.
If the problem cannot be resolved the RTA’s dispute resolution service may be able to help. If dispute resolution is unsuccessful, the resident or the provider have the option to apply to the Queensland Civil and Administrative Tribunal (QCAT) for an order. This application can be made during the tenancy or after the agreement ends, regardless of whether a rental bond is held by the RTA.
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 a: 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 b: 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.