Consumer Watch with Natasha Pirrottina: Who is responsible for what with rental repairs and maintenance

Finally secured yourself a rental to call home only to discover there are a few issues that weren’t mentioned on the property condition report before you moved in? Or maybe the hot water system busted a leak and you’ve got sweaty kids coming home from footy training soon? Tenants and landlords have rights and responsibilities when it comes to repairs and maintenance in a rental home. When it comes to normal wear and tear around the property, the landlord is responsible. For example, curtains that have faded in the sun would not be the tenant’s fault. However, the tenant is responsible for damage they cause by not looking after the home. If there were chunks of paint and plaster missing from the walls where kids had been tearing around, this would be the tenant’s job to fix. Landlords are required to attend to any maintenance or repair issues promptly, as well as provide a safe and healthy environment for their tenants. Time limits apply with certain types of issues. Those that could damage the property or cause someone harm or undue hardship require landlords and property managers to initiate urgent repairs within 48 hours. For damage to essential services, like water supply, gas, electricity, hot water or sewerage, the time limit is 24 hours. If the issue has reduced the facilities available, tenants may be entitled to a rent reduction, but it’s important they continue paying rent even while waiting for the repair. When it comes to urgent repairs, if the tenant cannot reach the landlord, or if the landlord fails to act within a reasonable time, then the tenant can employ a suitably qualified repairer to fix the issue to the minimum standard, with the landlord being required to reimburse them for the costs. Tenants should keep receipts and a record of contact with the landlord. Mould can appear in most households. For health and safety reasons, it’s important it’s dealt with quickly. Mould or mildew caused by faults in gutters or other fixtures such as exhaust fans should be fixed by the landlord. The tenant may be responsible for mould caused by not cleaning, not using the fan, or not opening windows in the bathroom. With non-urgent repairs, the tenant should let the landlord know in writing or raise it at a routine property inspection. The issue must be repaired in a reasonable time, or the landlord can give the tenant permission to arrange their own repairs using a suitable tradie. The landlord must reimburse the tenant for any reasonable expense when it comes to repairs and maintenance, otherwise they could be taken to the Magistrates Court. The only time a landlord is not required to fix an issue is if it was noted as not working in the rental agreement. Tenants should not accept living in homes that are falling into disrepair, or have mould or safety issues, and they should not be worried about asking for repairs and maintenance. Laws introduced last year mean a tenant can take action in the Magistrates Court if they believe their landlord has taken action against them for exercising their rental rights. For example, this might be if a tenant thinks their rent was deliberately increased, or their lease agreement not renewed, just because they asked for some basic maintenance. Tenants should have the confidence to stick up for their rights and apply to the Magistrates Court to have decisions by the landlord or agent reversed. Tenants who believe their landlord or agent has failed to initiate repairs or maintenance within a reasonable time frame are encouraged to contact Consumer Protection at consumer@demirs.wa.gov.au or by phoning 1300 30 40 54. Otherwise, information about tenant and landlord responsibilities can be found on consumerprotection.wa.gov.au. Natasha Pirrottina is a senior regional officer for Consumer Protection in the Mid West