What repairs is my landlord legally required to fix in New South Wales?
Yes, your landlord is legally required to provide and maintain the property in a reasonable state of repair in New South Wales. This includes fixing both urgent issues, like burst water pipes or gas leaks, and non-urgent problems, such as a broken stove or leaking taps, provided the damage wasn't caused by your negligence.
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How it works in practice
General Repair Obligations
In New South Wales, landlords have a strict legal duty to ensure the rented property is maintained in a reasonable state of repair. This obligation applies regardless of the property's age, the amount of rent you pay, or the condition the property was in when you first moved in.
Urgent Repairs
Urgent repairs are defined by law and require immediate attention. These include dangerous electrical faults, burst water services, gas leaks, severe roof leaks, and a failure of essential services like hot water or heating. If the landlord or agent cannot be reached, tenants can authorize urgent repairs up to $1,000 and be reimbursed.
Non-Urgent Repairs
Non-urgent repairs cover everyday maintenance issues like sticking windows, a broken exhaust fan, or a malfunctioning oven. While these do not pose an immediate danger, the landlord must still fix them within a reasonable timeframe after being notified in writing.
Tenant Responsibilities
Tenants also play a vital role in the maintenance process. You must notify the landlord or property manager of any needed repairs as soon as possible. Failing to report an issue that later causes further damage could make you liable for the additional repair costs.
Important exceptions
There are a few key exceptions where a landlord is not legally required to carry out repairs in New South Wales.
First, landlords are not responsible for fixing damage caused intentionally or through negligence by the tenant, their approved occupants, or invited guests. In these situations, the tenant must pay for the repairs.
Second, tenants are generally responsible for basic household maintenance tasks. This includes replacing standard lightbulbs, changing smoke alarm batteries (in some specific lease types), and routine garden maintenance like mowing the lawn.
Finally, landlords do not have to repair items that were explicitly excluded in the tenancy agreement, provided those items are not essential services.
What you should do now
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Write an email or letter to your landlord or property agent detailing the exact repair required and keep a copy for your records.
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For urgent repairs, call the landlord or the designated emergency tradesperson listed in your tenancy agreement immediately.
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If it is an urgent repair and you cannot reach the landlord, arrange for a licensed tradesperson to fix it (up to $1,000) and keep the receipt.
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For non-urgent repairs that are ignored, issue the landlord a formal written deadline to complete the work within a reasonable timeframe.
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If the landlord still refuses to carry out the repairs, apply to the NSW Civil and Administrative Tribunal (NCAT) for a repair order.
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