Can I stop paying rent if my landlord refuses to fix things in Tasmania?
No, you cannot legally stop paying rent if your landlord refuses to fix things in Tasmania. Withholding rent is a breach of your lease agreement and gives the landlord grounds to evict you. You must continue paying rent while seeking formal dispute resolution for the repairs.
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How it works in practice
The Risk of Withholding Rent
If your landlord ignores repair requests in Tasmania, your first instinct might be to stop paying rent. However, the Residential Tenancy Act 1997 strictly prohibits withholding rent. If you fall into rent arrears, your landlord can issue a Notice to Vacate, potentially leading to your eviction.
How to Handle Ignored Repairs
Instead of withholding rent, you must follow the correct legal procedures. First, ensure you have requested the repair in writing. This provides a necessary paper trail proving the landlord was aware of the issue and failed to act within the legally required timeframe, which is typically 28 days for general non-urgent repairs.
Formal Dispute Resolution
If the landlord still refuses to carry out the repairs after being notified, you can safely escalate the matter. You have the right to lodge a formal complaint with the Residential Tenancy Commissioner through the Consumer, Building and Occupational Services (CBOS). The Commissioner has the legal authority to issue an official order compelling the landlord to complete the necessary maintenance.
Important exceptions
There is a specific exception regarding urgent repairs, though it still does not legally allow you to withhold rent completely.
If a repair is classified as an essential service (such as a burst water pipe, completely broken toilet, or dangerous electrical fault) and the landlord fails to act within 24 hours, you can authorize an emergency repair yourself.
In this scenario, you can legally arrange for a nominated repairer to fix the issue. The landlord is then legally obligated to reimburse you for the reasonable costs of this repair within 14 days, rather than you deducting it from your ongoing rent.
What you should do now
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Continue paying your rent in full and on time to prevent breaching your lease and risking an eviction notice.
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Notify your landlord or property agent in writing about the repair issue, detailing exactly what needs fixing and when it occurred.
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Allow the landlord the legally required timeframe to respond, which is 24 hours for urgent issues or 28 days for general repairs.
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Gather evidence of the unresolved issue, including dated photographs, communication logs, and copies of your written requests.
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Lodge a formal dispute with the Residential Tenancy Commissioner through CBOS if the landlord fails to complete the repairs within the required legal timeframe.
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