When the Landlord Won't Fix It: A New Guide for Australian Renters

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Banner for the ebook Fix It or Face the Tribunal by Noah Marshall

A leaking roof, a failed hot-water system, a blocked toilet, mould after a leak: you have told the landlord or agent, and nothing has happened. Before you give up, a few first steps matter in New South Wales. This outline is drawn from official NSW Fair Trading guidance. After that, I will point you to a new plain-English guide I have written for renters who need to go further.

Put the request in writing

Contact the landlord or agent first, and put the request in writing if you can. Say what is wrong, when you first noticed it, and what you want done. If you have spoken on the phone, follow up in writing so there is a record. Keep a copy of every message, letter and reply. Writing is how you show that you gave notice.

Work out whether the repair is urgent

NSW tenancy law treats some repairs as urgent, and the rest as non-urgent. The category affects how quickly the work should be organised, and whether you may arrange it yourself and ask to be paid back. A non-urgent repair can still be the landlord’s responsibility. Landlords must keep the property in a reasonable state of repair, having regard to its age, the rent, and its prospective life. That does not mean perfect condition, and you are usually responsible for damage you cause.

The official urgent list, published by NSW Fair Trading, includes serious problems such as a gas leak, a dangerous electrical fault, a burst water service, a blocked or broken toilet, a serious roof leak, a failure of an essential service for hot water, cooking, heating, cooling or laundering, and a fault that makes the property unsafe or insecure. Read the current official list before you rely on a category, because the wording matters. Mould and pests are not named on that list; if they follow a serious roof leak or a flood, the leak or flood may be the urgent repair. Smoke alarms that are not working are also treated as urgent, but they have their own rules, so check the official smoke-alarm guidance before you touch the alarm yourself.

If the repair is urgent and you cannot contact the landlord or agent, or they are unwilling or taking too long, you may be able to arrange a licensed tradesperson yourself, preferably one named in your tenancy agreement, and seek reimbursement. NSW Fair Trading currently states that you can be repaid up to $1,000 within 14 days of your written notice, with receipts. You may not be repaid if you caused the damage, did not try to make contact, did not give a reasonable chance to organise the work, or used an unlicensed tradesperson. Do not stop paying the rent: that can put you in breach of the agreement. For non-urgent repairs, do not organise the work yourself unless you have the landlord’s written consent, including agreement about costs. The official steps are on the NSW page Getting repairs done on a rental property.

Keep a log, then go to Fair Trading or NCAT if you need to

Start a simple log as you go: dated photos or video if it is safe, a note of every call, message, visit and delay, and copies of receipts or trades reports. Keep that file even if you hope the problem will be fixed soon.

If the repair is still not done, you can lodge a complaint with NSW Fair Trading. Fair Trading can often try to help the parties reach an agreement, and on repair matters official NSW guidance notes that it may decide to issue a rectification order. If the issue is still not resolved, you can apply to the NSW Civil and Administrative Tribunal (NCAT), which can make binding orders, including that repairs be carried out. Do not wait too long if the home is unsafe or a time limit may be close. Free help is available from a Tenants’ Advice and Advocacy Service, a community legal centre, or Legal Aid NSW if you are eligible.

A new guide, from first request to hearing

Those first steps will resolve some problems. Others need a clearer map of what comes next: how to write a follow-up, how to build an evidence file, what NCAT can order, how to apply and prepare for a hearing, and what to do if a termination notice arrives after you have asked for repairs.

That is why I have written Fix It or Face the Tribunal: A Plain-English Guide for Australian Renters to Getting Repairs Done, from First Request to NCAT Hearing. It is a practical guide for everyday tenants, not lawyers. Most of the book focuses on New South Wales and NCAT first. There are 17 chapters, plus ready-to-use letter templates, checklists and log sheets. One chapter explains how the rules differ in the other states and territories. Another is for former tenants, if a landlord or agency later contacts you about repair costs after you have moved out.

You can find it here: https://www.amazon.com.au/dp/B0HRRT3GL4.

General information only, not legal advice. Tenancy laws change and differ by state, so check NSW Fair Trading, NCAT or your state’s tenancy authority, or get legal advice for your situation.

If this has been useful, stay with Noah’s Arkhives. There is more here on faith, and on practical Australian questions, written in the same plain English.

— Noah Marshall

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