What repairs does my landlord have to fix in the ACT?
Your landlord must fix any damage or issues that make the property unsafe, insecure, or unlivable in the ACT. They are legally required to handle both urgent repairs, like burst water pipes, and non-urgent repairs to maintain the property in a reasonable state.
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How it works in practice
Urgent vs Non-Urgent Repairs
In the Australian Capital Territory (ACT), a landlord is legally obligated to maintain the rental property in a reasonable state of repair. The law categorizes repairs into two main types: urgent and non-urgent.
Understanding Urgent Repairs
Urgent repairs are issues that directly impact your health, safety, or basic living needs. This includes severe emergencies like a burst water service, a blocked or broken toilet, a serious roof leak, a gas leak, or a dangerous electrical fault. Landlords must address these critical issues immediately after being notified.
Handling Non-Urgent Repairs
Non-urgent repairs involve damage or breakdowns that do not pose an immediate risk but affect your standard use of the property. Examples include a dripping tap, a broken cupboard door, or a faulty stove element. Landlords are still legally required to fix these problems within a reasonable timeframe.
Tenant Responsibilities
It is crucial to remember that a landlord's duty to repair only applies to normal wear and tear or unexpected breakdowns. You are required to maintain basic cleanliness and immediately report any issues to prevent further damage to the property.
Important exceptions
Your landlord is not responsible for fixing damage that you, your family, or your guests caused intentionally or through neglect. In these situations, you will be financially responsible for the repairs.
Additionally, landlords do not have to repair items that you brought into the property. Their legal obligation only extends to the fixtures, fittings, and appliances included in your tenancy agreement.
If you delay reporting a maintenance issue and it causes secondary damage, you might be held liable for the extended repair costs. Always report problems immediately to protect yourself.
What you should do now
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Notify your landlord or property manager of the needed repair in writing as soon as you notice the problem.
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Take clear, dated photographs or videos of the damage to keep a permanent record of the issue.
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Check your tenancy agreement for the designated emergency repair contacts if the issue is categorized as an urgent emergency.
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Follow up with your landlord in writing if they do not respond to a non-urgent repair request within a reasonable timeframe.
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Apply to the ACT Civil and Administrative Tribunal (ACAT) for a legally binding order if the landlord continues to refuse necessary repairs.
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