Rental Legislation Reforms - Repairs and Maintenance

With the recent reforms to the Residentail Tenancies Act, there has been some changes to the way repairs and maintenance can be managed by landlords/agents and tenants. These changes relate to the process and authorisation for repairs.

For issues surrounding repairs and maintenance it is strongly encouraged that tenants and managing parties attempt to resolve matters by talking to each other and negotiating a feasible and realistic timeline for action. If self resolution has been attempted and is successful a Notice to Remedy Breach (Form 11) can still be issued to help formalise the agreement or request for repairs.

Tenants now also have the option to apply for a ‘Repair Order’ from the Queensland Civil and Administrative Tribunal (QCAT) for routine and emergency repairs. A repair order ensures that managing parties take action to address repairs to a rental property and its inclusions in a timely manner. Repair orders can apply to all types of tenancy agreements, except movable dwelling, short tenancy and rooming accommodation agreements.

What is a repair order?

A repair order is an order made by the tribunal (QCAT) about addressing routine or emergency repairs that are needed to the rental property or its inclusions. A repair order will continue to apply to the rental property until it is complied with and does not expire with the ending of a tenancy agreement or ownership. This means that a repair order can still be in place even though the tenancy, during which the repair order was made, has ended, or even the property is sold.

The tribunal will provide a copy of the repair order made and any time extensions that have been granted to the RTA. Non-compliance with a repair order is an offence under the Act and will be investigated by the RTA.

The following points are the most prevalent changes to the Act relating to repairs and maintenance:

• increasing the maximum spending amount allowed for a tenant or property manager for emergency repairs from two weeks to four weeks’ rent;
• the Form 18a General Tenancy Agreement must now identify the nominated repairer that is the tenants first point of call for emergency repairs;
• new provisions for obtaining and dealing with an order of QCAT for carrying out emergency & routine repairs – now referred to as “Repair Orders”;
• an outstanding repair order made by QCAT applying to a property must be disclosed in the Form 18a General Tenancy Agreement prior to the tenant entering into the tenancy; and
• any repairs for damage to the property which are caused by domestic violence experienced by the tenant is the responsiblity of the lessor and costs cannot be recovered from the tenant.