How to Get Your Landlord to Carry Out Repairs
As a tenant in Australia, it can be frustrating if your landlord refuses to take responsibility for repairs.
It's a common problem that many renteеs face, but there are ways to make your landlord feel more responsible for necessary repairs.
Read on and learn some practical tips on how to make that happen.
Landlords and renters’ rights and responsibilities
Aussie renters and rentees must comprehend their legal rights and responsibilities.
Landlords are legally bound to keep the property safe, clean, and habitable. This includes making repairs in a timely manner. On the other hand, tenants have the right to a secure and comfortable living environment and to request repairs when needed.
Both parties are responsible for maintaining the property in excellent condition and adhering to the terms of the lease agreement. There's no reason why landlords and tenants couldn't keep on good terms and resolve issues promptly and equitably.
Landlords’ responsibilities lie in keeping the property in reasonable condition and adhering to all applicable health and safety regulations.
This requires them to ensure that any electrical, gas, or plumbing systems are correctly maintained and serviced and that any hazards or prospective obstacles are addressed as soon as possible.
Owners must also give occupants proper notice before visiting the property and not meddle with tenants' right to peaceful residence enjoyment.
On the other hand, tenants in Australia have many rights and obligations. They are liable for preserving the property neat and tidy and alerting the landlord of any maintenance issues as soon as they arise.
Tenants have the right to request repairs or maintenance when necessary, and they may also seek mediation or legal action if the landlord fails to address those same issues promptly. They must read their rental contracts carefully and recognise their legal rights and commitments.
By doing so, they can ensure their landlord is fulfilling their responsibilities and that they are not being unfairly penalised for any damage or upkeep issues beyond their control.
Request Repairs in Writing
Making a detailed written inquiry is the most efficient method to get your landlord to conduct repairs.
The tenancy agreement is a formal contract in Australia, and your landlord must preserve the place in a reasonable cosmetic condition.
By writing down your request, you create a trail that can be used to demonstrate that you are serious about the situation. Use a formal tone and include specifics about the corrections that must be made.
If your landlord does not respond or refuses to repair the damage, you have several other options.
Additional Tips
Give specific examples of what repairs landlords are accountable for versus what repairs the tenant may be responsible for.
For example, the landlord is accountable for adjustments to the property's roof, walls, and framework, whereas tenants are tasked with keeping the estate neat and intact.
Explain landlords' and tenants' legal rights and duties. The tenancy agreement in Australia details the obligations of both the rentee and the landlord, and it's critical to understand these obligations to ensure that you're treated fairly.
Include a part on how to do basic repairs yourself and ask what to do if you're unsure. Minor repairs could be possible in certain instances, but you must first obtain your landlord's permission.
If you're unsure how to approach an issue, call your landlord or property manager to avoid violating lease terms.
Collect Evidence
Keeping a record of everything that needs to be fixed around the property is another effective way to make your landlord take action. Conduct an inventory check when you move in and document any issues that arise along the way.
If your property has gas appliances, ensure they are regularly checked by a professional and keep your Gas Safety Certificate current. Having material evidence will make it difficult for your landlord to deny that repairs are needed.
Get Together With Other Tenants
If you're not the only tenant in the building experiencing issues with your landlord, consider teaming up with other tenants.
Writing a joint complaint letter and presenting it to your landlord could push them to take action. After all, the more people involved, the higher the chance of a successful resolution for everyone.
This is also a good opportunity to discuss responsibilities between the landlord and tenants, as some repairs could be the tenant's responsibility.
Hopefully, your landlord won’t leave too much cleaning for you after the repairs are finished.
Withhold Rent
Tenants in Australia have the right to withhold rent if their landlord fails to meet their obligations to sustain the property. Regrettably, this is a serious step that should be taken as a last resort.
If you elect to withhold rent, you must give your landlord written notice and describe why. Keep detailed records of all correspondence and receipts for any repairs you've had to complete yourself.
Be mindful that when moving out, this might not be too beneficial for your deposit. To ensure your property is left in pristine condition–and your bond is also refunded–think about professional end of lease cleaning.
Take Legal Action
If you've exhausted all other options and your landlord still refuses to make repairs (like fixing the plumbing), taking legal action may be necessary.
Tenants' rights are protected by the law, and if your lease agreement has been violated, you can defend it in court. Have all your documents checked (or, even better, drafted) by a professional to ensure you have the evidence you need to make a compelling case.
In Australia, each state has its own tenancy laws, so it's essential to be aware of the ones in your area.
File a Complaint to a Government Agency
Government organisations exist to protect tenants' rights, so if your landlord is indifferent to your inquiries for repair work, don't be reluctant to reach out to one.
Each state in Australia has its own tenancy tribunal, where you can file a complaint.
The tribunal has the authority to order the owner to repair the damage or, in some situations, to lower your rent until the work is done. It can also aid you in resolving the situation so that you and your landlord can establish an agreement without reverting to legal action.
Conclusion
Dealing with an apathetic landlord can be aggravating, but you must take steps to maintain your living space secure and comfortable.
Following the advice in this article, you should be able to convince your landlord to fix stuff and, hopefully, sleep better.
Keep records, remain organised, and never shy from contacting a government entity or filing a lawsuit, if necessary. Tenant rights are protected by law in Australia, and it is vital to be aware of these laws to ensure your rights are treated fairly.
