Can I stop paying rent if the landlord refuses to do maintenance?
Stuck with a landlord who will not attend to repairs? Find out about what your rights are and what steps you can take.
Your rental payments are not related to any maintenance issues. By withholding rent you would be in breach of your tenancy agreement. However, you can breach your landlord if the maintenance item is considered an emergency repair under the terms of your lease.
Landlords are responsible for ensuring your rental property is fit to live in and in a good state of repair. However, they are only responsible for 'reasonable' repairs. Consideration also needs to be given to the state of the property when you accepted the lease.
It is best to inform the property manager/owner of required repairs in writing. Timeframes for repairs vary depending on the circumstances (e.g. availability of tradespeople) and the type of repairs needed. Importantly, you should not carry out repairs without written permission
What can tenants do if routine repairs are not being undertaken by the landlord?
If the problem has not been fixed, the tenant should try to resolve the issue by talking to the property manager/owner.
If reasonable routine repairs are not organised within a reasonable time, the tenant can issue the property manager/owner with a Notice to remedy breach (Form 11) giving them 7 days to fix the problem.
If the problem cannot be resolved the RTA’s dispute resolution service may be able to help.
Emergency repairs
You should contact your property manager/owner or the nominated repairer (listed on the tenancy agreement) about any emergency repair problems. It is a good idea to put the request in writing as evidence of notification.
If the landlord/property manager cannot be contacted, you can arrange for a qualified person to carry out emergency repairs to a maximum value of 2 weeks rent.
Emergency repairs are:
- a burst water service or a serious water service leak
- a blocked or broken toilet
- a serious roof leak
- a gas leak
- a dangerous electrical fault
- flooding or serious flood damage
- serious storm, fire or impact damage
- a failure or breakdown of the gas, electricity or water supply
- a failure or breakdown of an essential service or appliance on the property for hot water, cooking or heating
- a fault or damage that makes the property unsafe or insecure
- a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant
- a serious fault in a staircase, lift or another common area of the property that unduly inconveniences a tenant in gaining access to, or using, the property.
All other repairs are considered routine repairs.
Paying for emergency repairs
If you pay the repairer you need to give the tax invoice and all receipts to the property manager/owner who must pay you back within 7 days.
Alternatively, you may ask the property manager/owner to pay the repairer directly.
Disagreement about emergency repairs
If you and property manager/owner does not agree about the emergency repair, or if you have not been reimbursed for repairs within 7 days, you can apply to QCAT for a decision