ACT Standard Residential Tenancy Terms of the Residential Tenancies Act 1997
Clause 59:
The tenant must notify the lessor (or the lessor’s nominee) of the need for urgent repairs as soon as practicable, and the lessor must, subject to clause 82, carry out those repairs as soon as necessary, having regard to the nature of the problem.
Clause 60:
The following are urgent repairs in relation to the premises, or services or fixtures supplied by the lessor:
- (a) a burst water service;
(b) a blocked or broken lavatory system;
(c) a serious roof leak;
(d) a gas leak;
(e) a dangerous electrical fault;
(f) flooding or serious flood damage;
(g) serious storm or fire damage;
(h) a failure of gas, electricity or water supply to the premises;
(i) the failure of a refrigerator supplied with the premises;
(j) a failure or breakdown of any service on the premises essential for hot water, cooking, heating, cooling or laundering;
(k) a fault or damage that causes the residential premises to be unsafe or insecure;
(l) a fault or damage likely to cause injury to person or property;
(m) a serious fault in any door, staircase, lift or other common area that inhibits or unduly inconveniences the tenant in gaining access to and use of the premises.
Please note: make sure you notify your Property Manager in writing by the next business day of any urgent repairs that you had to contact a tradesperson for. We need to know what happened, who you called, when they came out and approximately how long they attended the site for, in addition to anything else you think you need to inform us of.
Clause 61:
If the lessor (or the lessors nominee) cannot be contacted, or fails to effect the urgent repairs within a reasonable time, the tenant may arrange for urgent repairs to be effected to a maximum value of up to 5% of the rent of the property over a year.
Clause 62:
The following procedures apply to urgent repairs arranged the tenant:
- the repairs arranged by the tenant must be made by the qualified tradesperson nominated by the lessor in the tenancy agreement
- if the lessor has not nominated a tradesperson, or the nominated tradesperson cannot be contacted or is otherwise unavailable – the repairs must be performed by a qualified tradesperson of the tenants choosing.
- If the repairs are arranged by the tenant in accordance with these procedures – the lessor is liable for the cost of repairs and the tradesperson may bill the lessor direct;
- if the tenant does not act in strict compliance with this clause – the tenant is personally liable for the cost of any urgent repairs arranged by the tenant.
NSW Standard Residential Tenancy Terms of the Residential Tenancies Act 2010
Clause 62:
In this Division:
Residential premises includes everything provided with the premises (whether under the residential tenancy agreement or not) for use by the tenant.
urgent repairs means any work needed to repair any one or more of the following:
- (a) a burst water service,
- (b) an appliance, fitting or fixture that uses water or is used to supply water that is broken or not functioning properly, so that a substantial amount of water is being wasted,
- (c) a blocked or broken lavatory system,
- (d) a serious roof leak,
- (e) a gas leak,
- (f) a dangerous electrical fault,
- (g) flooding or serious flood damage,
- (h) serious storm or fire damage,
- (i) a failure or breakdown of the gas, electricity or water supply to the residential premises,
- (j) a failure or breakdown of any essential service on the residential premises for hot water, cooking, heating, cooling or laundering,
- (k) any fault or damage that causes the residential premises to be unsafe or insecure,
- (l) any other damage prescribed by the regulations,
but does not include work needed to repair premises not owned by the landlord or a person having superior title (such as a head landlord) to the landlord.
Please note: make sure you notify your Property Manager in writing by the next business day of any urgent repairs that you had to contact a tradesperson for. We need to know what happened, who you called, when they came out and approximately how long they attended the site for, in addition to anything else you think you need to inform us of.
