Maintenance
As a landlord in Australia, you have a legal obligation to ensure your rental property is maintained in a reasonable state of repair throughout the tenancy. These obligations are enshrined in residential tenancy legislation in every state and territory, and failing to meet them can result in financial penalties, tribunal orders, and strained tenant relationships.
Every state and territory in Australia requires landlords to provide and maintain rental properties in a condition that is reasonably fit for habitation. This means the property must be structurally sound, weatherproof, and have functioning essential services including plumbing, electricity, gas, heating, and hot water.
Under the Residential Tenancies Act 2010 (NSW), section 63, landlords must provide the premises in a reasonable state of cleanliness and fit for habitation. In Victoria, section 68 of the Residential Tenancies Act 1997 imposes a duty on landlords to maintain the premises in good repair. Queensland's Residential Tenancies and Rooming Accommodation Act 2008, section 185, similarly obliges landlords to maintain the premises in good repair and in a condition fit for the tenant to live in.
Specifically, landlords are responsible for repairing and maintaining structural elements (roof, walls, floors, ceilings, windows, doors), plumbing and drainage systems, electrical wiring and fixtures, appliances provided with the property (ovens, cooktops, rangehoods, dishwashers), heating and cooling systems that were part of the original letting, locks and security devices, and any fixtures or fittings that were part of the tenancy agreement.
Australian tenancy law draws a critical distinction between urgent and non-urgent repairs, with different response timeframes for each. Urgent repairs are those that pose an immediate risk to the health, safety, or security of the occupants, or that are likely to cause significant damage to the property.
Urgent repairs typically include burst water services or serious water leaks, blocked or broken toilets (where there is only one in the property), a serious roof leak, gas leaks, dangerous electrical faults, flooding or serious flood damage, failure or breakdown of essential services for hot water, cooking, or heating, failure of any safety device such as smoke alarms, and any fault or damage that makes the premises unsafe or insecure (such as a broken external door lock).
Non-urgent repairs cover everything else: a dripping tap, a minor crack in a wall, a broken cupboard door, or cosmetic damage that does not affect the habitability or safety of the property.
In most states, landlords must respond to urgent repairs within 24 to 72 hours. In NSW, landlords have no more than 14 days for non-urgent repairs after being notified, while Victoria allows 14 days as well. Queensland gives landlords a "reasonable time" for non-urgent repairs, though QCAT has generally interpreted this as within 14 days. For a detailed breakdown, see our guide on Urgent vs Non-Urgent Repairs.
Failing to meet your repair obligations can have serious consequences. Tenants have the right to apply to the relevant tribunal (NCAT in NSW, VCAT in Victoria, QCAT in Queensland) for orders compelling you to carry out repairs. The tribunal can also order compensation to the tenant for any loss or inconvenience suffered due to the disrepair.
In some jurisdictions, persistent failure to maintain a property can result in the tenant being granted a rent reduction for the period the property was in disrepair. In extreme cases, the tenant may be allowed to terminate the lease early without penalty. Under the Victorian legislation, for example, tenants can apply to VCAT for a compliance order, and if the landlord fails to comply with that order, VCAT can impose penalties.
Beyond legal consequences, failing to repair damages your reputation as a landlord, increases tenant turnover, and ultimately costs more in the long run than prompt maintenance would have.
If a landlord fails to carry out urgent repairs within the required timeframe, tenants in most states have the right to arrange the repairs themselves and seek reimbursement. In NSW, if the landlord cannot be contacted or fails to respond within the required time, the tenant may arrange urgent repairs up to $1,000 (as of 2024) and claim reimbursement. Victoria sets a similar threshold of $2,500 for urgent repairs arranged by tenants.
In Queensland, tenants can arrange emergency repairs up to two weeks' rent if the landlord is not contactable or does not respond within the required timeframe. South Australia allows tenants to spend up to $2,500 on urgent repairs without prior consent if the landlord cannot be reached.
These provisions exist to protect tenants from living in unsafe or uninhabitable conditions. As a landlord, the best way to avoid tenants arranging their own repairs is to respond promptly and keep communication channels open.
Thorough documentation protects both landlords and tenants. Every maintenance request should be recorded in writing, including the date it was received, the nature of the issue, and the steps taken to resolve it. Keep copies of all quotes, invoices, and receipts for repair work.
Photograph the issue before and after repair work is completed. This creates a clear record that can be invaluable if a dispute arises at the end of the tenancy about the condition of the property. Abode's maintenance management system automatically timestamps all requests and communications, creating an audit trail that protects you in the event of a tribunal hearing.
If you use Abode to manage your property, all maintenance requests from tenants are logged with photos, timestamps, and a complete communication history. Contractor quotes and invoices can be attached directly to the maintenance ticket, giving you a single source of truth for every repair carried out on the property.