Can I stop paying rent if my landlord refuses to fix things in Western Australia?
No, you cannot legally stop paying rent if your landlord refuses to fix things in Western Australia. Withholding rent is a breach of your tenancy agreement and gives your landlord grounds to evict you. You must continue paying rent while using formal channels to resolve the dispute.
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How it works in practice
The Risk of Withholding Rent
In Western Australia, your obligation to pay rent is completely separate from your landlord's obligation to maintain the property. If you decide to stop paying rent because of outstanding repairs, you automatically breach your residential tenancy agreement.
This breach gives your landlord the legal right to issue a breach notice and potentially a termination notice, which could ultimately lead to your eviction. The law requires you to keep your rent up to date at all times, regardless of the current condition of the rental property.
How to Properly Force Repairs
Instead of withholding rent, you must follow the correct legal process to force your landlord to act. If the repairs are essential or urgent, such as a broken water pipe or a dangerous electrical fault, you must notify the landlord or property manager immediately.
If they fail to arrange urgent repairs within 48 hours, or non-urgent repairs within a reasonable timeframe, you can officially issue them with a formal Notice to Lessor of Breach of Agreement (Form 23). If they still refuse to act, your next step is to apply to the Magistrates Court for a court order compelling them to complete the repairs or granting you a rent reduction.
Important exceptions
While you cannot withhold rent, Western Australian tenancy laws do allow an exception for specific urgent repairs. If an essential service (like electricity, gas, or water) breaks down and the landlord fails to take action within 48 hours of being notified, you can arrange for a suitably qualified repairer to fix the issue yourself.
You must ensure the repair costs are reasonable. Once the repair is complete, you can provide the receipt to your landlord, who is legally obligated to reimburse you for the cost. However, you still cannot deduct this cost directly from your rent unless explicitly agreed.
What you should do now
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Continue paying your rent in full and on time to avoid breaching your lease agreement.
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Notify your landlord or property manager about the required repairs in writing and keep a copy for your records.
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Give the landlord a reasonable timeframe to fix a non-urgent issue, or 48 hours for an urgent repair.
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Issue a formal Notice to Lessor of Breach of Agreement (Form 23) if they ignore your initial repair request.
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Apply to the Magistrates Court for an order to force the repairs or reduce your rent if the issue remains unresolved.
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