Managing maintenance for a rental property is a major part of our role as property managers. It can also be the most difficult area to manage where the owner and tenant have different expectations. As property managers we will always act in our clients best interest however we also have a duty of care to the tenant to ensure the property is safe and fit for tenancy. The Residential Tenancy Act will soon introduce the new amendments which will cover minimum standards which means the rules are about to change and become even more specific.
When dealing with maintenance issues our office will always refer to the Act to ensure our clients are fully aware of their obligations and the potential risks. We will always look to provide the best advice to ensure we find the most economical and long term solutions.
Below is some information to help you better understand the current requirements:
General (non-urgent) repairs
Both the tenant and the property owner must maintain the premises in as near as possible to the same condition it was in when the tenancy started - apart from reasonable wear and tear.
If repairs are needed:
- A tenant must notify an owner/agent within 7 days;
- If the tenant is not at fault for the repairs, the owner must make the repairs at their own cost.
- If the tenant caused the need for repair the tenant must pay any costs.
- Whilst it is not a legal requirement that the tenant notify the owner in writing of the need for repair, it is recommended that this is done in writing (letter/email/text message) and that the tenant keep a copy of this notice. This may assist in dealing with any disputes over repairs at a later stage.
- The property owner/agent has 28 days from when they were notified by the tenant to do the repair.
Some common dispute areas
Cleaning
Flue cleaning
Fuses
Gardens
Gutters
Heaters
Ovens
Urgent repairs
If the repairs are urgent they must be made as soon as possible. Urgent repairs are usually required when damage occurs (eg, a broken window from a storm, or when an essential service such as heating or hot water, has stopped working). If this happens:
- the tenant must notify the owner of the urgent repair as soon as they are aware of the problem.
- the owner has an obligation to carry out the repair or restore the service as soon as possible.
Essential services include:
- water
- sewerage
- removal of waste water from kitchens, bathrooms and laundries
- electricity
- heating
- cooking stove
- hot water service
Example: If one hotplate stopped working a stove would still work. This would be a general repair, not an urgent repair. However if the stove did not work at all, this would be an urgent repair.
Maintenance
As an owner
- You must maintain the property during the course of the tenancy agreement, to make sure it stays in a similar condition as agreed at the start of the tenancy.
- You must allow for reasonable wear and tear.
- You are responsible for the replacement of specialist light globes such as:
- bathroom heater lights (Tastic Globes)
- garden lights
- outdoor sensor lights
As a tenant
- You must keep the property in a reasonable state of cleanliness, to make sure it stays in a similar condition as agreed at the start of the tenancy.
- You are responsible for replacing common items such as:
- regular light globes
- fuses
- tap washers
Often there are grey areas in the Act that we need to carefully manage and negotiate and consider all possibilities, our main objective is to keep both parties happy and maintain long term successful tenancies.