Ever sweltered in a rental with a broken air conditioner waiting for an update from your property manager and wondered if you can just call someone in to fix it?
The answer is not as straightforward as you might have hoped.
Tenancy laws in Australia differ between the states and territories, but there are common approaches to getting things fixed in a rental that may help.
Types of repairs
Not all property repairs are created equal.
Alice Pennycott is the principal lawyer for the tenancy team at Circle Green Community Legal in Western Australia.
"There are different provisions that apply for standard repairs or ordinary repairs and then urgent repairs," Ms Pennycott says.
In WA, urgent repairs are issues that impact essential services, for instance, electricity, sewerage and the supply of hot water, or "anything that's necessary to prevent injury or property damage or causing undue hardship or inconvenience", Ms Pennycott says.
Damien Patterson is the director of policy advocacy and engagement at Tenants Victoria, which gives free advice to people who rent homes in the state.
He says urgent repairs "are matters like a burst water service or a blocked toilet".
"[They are] matters that are really detrimental to your ability to live in the property at the moment and those are treated differently in the law than non-urgent repairs, which might include something like a cupboard door falling off."
In Victoria, he says repairing air conditioning or a "cooling appliance" is considered urgent.
Ms Pennycott says this example is not as clear in WA, where "it's not specifically included". However, depending on the time of year, type of home, its location and the personal circumstances of the renter, "you could argue that the failure to repair that is causing undue hardship or inconvenience".
In WA, urgent repairs must be carried out as soon as practicable and non-urgent repairs within a reasonable time frame.
In Victoria urgent repairs must be completed as soon as possible and other repairs should occur within 14 days. This is similar across much of Australia.
Mr Patterson says if you need to clarify your rights when it comes to organising a repair in a rental property, you should refer to the tenancy organisation in your state or territory or a regulatory body, equivalent to Consumer Affairs Victoria.
Some rental providers also choose to provide a list of preferred tradespeople at the beginning of a tenancy in case of emergencies
Can you organise the repair yourself?
Again, the answer varies between states and territories.
For urgent and non-urgent repairs, Mr Patterson says "reaching out to your property manager is best practice and in Victoria it's also your responsibility."
You can pay for a repair yourself and be entitled to compensation under very specific circumstances, he says.
"You have to have either tried to contact the property manager and been unable to, or you've contacted them and they've declined to make the repair, and the repair has to be less than $2,500 in value."
In these specific circumstances, Mr Patterson recommends getting a range of quotes from qualified and licensed tradespeople to show that you've gone with a reasonable option. He also recommends getting a receipt.
The rental provider has seven days to reimburse the renter, who can apply for compensation through Victorian Civil and Administrative Tribunal (VCAT).
Ms Pennycott says there are similar provisions in other states, including WA, when a landlord or property manager is failing to reply or organise an urgent repair.
But she warns: "If it's not an urgent repair, then there's not a basis really for tenants to do it and get reimbursed because the time frames are a little bit longer."
Hypothetically, Ms Pennycoat says if your rental lost an essential service such as power and you've contacted your property manager and they don't respond within 24 hours, you could look at getting an electrician and then seek reimbursement for that.
She adds that the work would need to be the minimum required to restore electricity. For example, If the property needed rewiring and upgrades, a tenant wouldn't be authorised to organise this and be reimbursed if work of that scale went ahead.
There are likely to be situations in which home owners are happy to reimburse tenants for repairs they have organised, but there isn't anything you can rely on in the legislation, she says.
Should I stop paying rent in the meantime?
Mr Patterson warns against withholding rent to negotiate repairs being completed.
"My advice to [tenants] is always to continue paying that rent. If you are behind in your rent, then you might face eviction."
Mr Patterson adds that in Victoria renters can apply to pay their rent into Consumer Affairs Victoria's (CAV) Rent Special Account, which holds rent from the provider until the issue is sorted out.
Mr Patterson says Victorian Civil and Administrative Tribunal (VCAT) is also required to hear an urgent repair matter within two days and if it's found in your favour, the work must happen as soon as possible. You can also apply for compensation through VCAT "if the repairs are taking too long".
Other tips
Mr Patterson says it's important that renters have an after-hours phone number for their property manager to report urgent repairs immediately.
He also recommends taking photos or videos of the issue. "If the property manager or landlord doesn't take action, or if it gets worse, you've got proof."
"To the greatest extent possible always communicate in written communication, like email," he says.
Phone calls can be trickier to document, but you could take a screenshot of a call log to prove it took place.
"Renters have a right to a home that's in good working order," Mr Patterson says. This means that "if something's in your property, it works".
This article contains general information only. You should consider obtaining independent professional advice in relation to your particular circumstances.
