Urgent repairs 

An owner is responsible for keeping a rental property in good repair during a tenancy. There are different rules for:

• general repairs
• urgent repairs
• emergency repairs.

An owner must have urgent repairs done at the earliest possible time after a tenant notifies them about the issue.

Urgent repairs are when an essential service stops working, which is any of the following:

1. no water (always call TasWater or check the website for interruptions to services)
2. sewage overflow
3. removal of wastewater from kitchens, bathrooms and laundries
4. the supply of electricity (always check with TasNetworks for interruptions to services)
5. heating
6. cooking stove
7. hot water service.

'Stops working' means:

Water: the water service no longer supplies to or removes from the property the same amount of water it would be capable of supplying or removing if it were fully functional.

Electricity: all power points or wires between the walls or in the property's ceiling are no longer safe or supply electricity. The exception is where power points are noted on the ingoing condition report as not working.

Electricity: the electricity-generating device no longer safely produces and supplies electricity to the same level it should reasonably produce and supply.

Heating: the heater no longer provides heat at the same level it was reasonably capable of providing when it was made.

Cooking: at least half of the stoves heating elements, or the oven, no longer function safely.

Hot water: the same amount of hot water at the same temperature is no longer provided by the hot water service as when it was manufactured.

Grey water: all water at the property required to be removed or treated is no longer able to be safely removed or safely treated within a timeframe that it should be able to remove or treat water if it were fully functioning.

Source: CBOS

It is an owners responsibility to maintain a rental property in good repair at all times during a tenancy. There are different rules for:

• general repairs
• urgent repairs
• emergency repairs.

Length of time for repairs

An owner must have general repairs (that are not the fault of the tenant) completed within 28 days of the tenant telling them of the need for the repair.

Exception

There is an exception – if the general repair relates to a cooking stove. In this situation, the stove must be fixed within 14 days of being notified.

Source: CBOS

Emergency repairs: are when the property is damaged, and the damage will get worse if the repair is not completed as soon as possible.

Example: a broken window from a storm, and the property will become more damaged if the window is not fixed as soon as possible.

After-hours emergency: An owner must have an emergency repair attended to immediately after they are notified. If there is an emergency after hours, you can arrange for a preferred contractor to undertake the repair and notify the agent immediately on the next business day.

If you cannot reach the preferred contractors listed, please locate a 24-hour service and arrange repairs as quickly as possible. Please be aware that you may be responsible for additional costs if an after-hours call-out is made and the maintenance issue is deemed non-urgent. If you have arranged emergency repairs after hours, please ensure that you notify our office first thing the next business day.

If a tradesperson is required to attend the property and a suitable time has been agreed between you and the tradesperson, and you fail to provide access, you may be required to pay for the standard service call.

Where a repair request is reported to our office, and it is deemed to be caused by yourself or a visitor, be it accidental or neglect, you may be liable for the payment of the account. Examples are power failure due to a faulty appliance, using appliances incorrectly, or foreign objects found causing blocked drainage.

TasNetworks manages the issuing of Cable PIs, which are free of charge. Please ensure you have an operating Cable PI device plugged in at all times. You can order these via the TasNetworks website – www.tasnetworks.com.au – and the device will be posted within 3 business days.

TasNetworks

For electricity emergencies and faults:

Ph: 13 2004 – 24 hours a day, 7 days a week

Link to check current power outages

Natural disasters or severe weather events refer to severe storms, winds, flooding or bushfire. These may result in damage to a rental property.

If a rental property becomes unlivable after a natural disaster/severe weather event

If a rental property has been affected by a natural disaster such as a severe storm/winds, flooding or bushfire, the property manager and tenant should discuss the state of the property as soon as possible.

If it’s not possible or reasonable for a tenant to live at the property with the damage, the property owner is not required under the Residential Tenancy Act 1997 (Tas) to provide the tenant with an alternative place to live or pay for the tenants alternative accommodation.

However, it may be that the lease can no longer be fulfilled as the property cannot be provided to the tenant as agreed in the lease. In this situation, the tenant and property manager should discuss ending the tenancy.

If the parties cannot agree, the tenant can seek independent advice.

In severe cases, the lease may be automatically terminated, where it becomes legally frustrated. This means one or both parties can't fulfil the terms of the lease.

Rent

Until notice is given or the parties agree, the tenant is responsible for paying the rent in full (even if they have been evacuated from the property). A tenant can negotiate rent reductions with the property manager, who will then seek instructions from the property owner.

Any agreement on a rent reduction will be put in writing.

Responsibility for cleaning debris caused by a disaster

The property owner is responsible for maintaining the property, including cleaning or clearing any debris caused by a disaster.

The tenants are responsible for removing or cleaning their own possessions.

Repairs to a damaged property

Any repairs needed to the property due to a natural disaster or severe weather event are the property owners responsibility.

Please be aware that there may be delays: the property owner may be in discussions with their insurance company about repairs, and it may be difficult to get tradespeople to the property, as many properties may need repair at this time.

Compensation for possessions that were destroyed or damaged in this disaster

A property owner is not obliged to compensate a tenant for any damage to their furniture or personal belongings arising from a natural disaster. It is important that tenants hold contents insurance for this purpose.

Claiming all or part of the bond to cover damage caused by a disaster

A property owner can only claim the bond at the end of a tenancy for the cost of repairs or cleaning due to the tenant’s use of the property and not for damage caused by a natural disaster.