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Contents (2010 - 42)
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Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 20 August 2017 at 10:19)
Part 3 Division 5
Division 5 Repairs to premises
62   Definitions
In this Division:
residential premises includes everything provided with the premises (whether under the residential tenancy agreement or not) for use by the tenant.
urgent repairs means any work needed to repair any one or more of the following:
(a)  a burst water service,
(b)  an appliance, fitting or fixture that uses water or is used to supply water that is broken or not functioning properly, so that a substantial amount of water is being wasted,
(c)  a blocked or broken lavatory system,
(d)  a serious roof leak,
(e)  a gas leak,
(f)  a dangerous electrical fault,
(g)  flooding or serious flood damage,
(h)  serious storm or fire damage,
(i)  a failure or breakdown of the gas, electricity or water supply to the residential premises,
(j)  a failure or breakdown of any essential service on the residential premises for hot water, cooking, heating, cooling or laundering,
(k)  any fault or damage that causes the residential premises to be unsafe or insecure,
(l)  any other damage prescribed by the regulations,
but does not include work needed to repair premises that are owned by a person other than the landlord or a person having superior title (such as a head landlord) to the landlord.
63   Landlord’s general obligation
(1)  A landlord must provide and maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises.
(2)  A landlord’s obligation to provide and maintain the residential premises in a reasonable state of repair applies even though the tenant had notice of the state of disrepair before entering into occupation of the residential premises.
(3)  A landlord is not in breach of the obligation to provide and maintain the residential premises in a reasonable state of repair if the state of disrepair is caused by the tenant’s breach of this Part.
(4)  This section is a term of every residential tenancy agreement.
64   Urgent repairs to residential premises
(1)  A landlord must, not later than 14 days after being given a written notice from the tenant, reimburse the tenant for the reasonable costs of making urgent repairs to the residential premises.
(2)  A landlord is required to reimburse the costs only if:
(a)  the state of disrepair did not result from a breach of the residential tenancy agreement by the tenant, and
(b)  the tenant gave the landlord or the landlord’s agent notice of the state of disrepair or made a reasonable attempt to do so, and
(c)  the tenant gave the landlord or landlord’s agent a reasonable opportunity to make the repairs, if notice was given, and
(d)  the tenant has made a reasonable attempt to arrange for a licensed or otherwise properly qualified person nominated in the residential tenancy agreement to carry out the repairs, if such a person is so nominated, and
(e)  the repairs were carried out, if appropriate, by licensed or otherwise properly qualified persons, and
(f)  as soon as practicable after the repairs were carried out, the tenant gave the landlord or landlord’s agent, or made a reasonable attempt to give the landlord or landlord’s agent, a written notice setting out details of the repairs and the costs of the repairs, together with the receipts or copies of receipts for costs paid by the tenant.
(3)  The maximum amount that a tenant is entitled to be reimbursed under this section is $1,000 or such other amount as may be prescribed by the regulations.
(4)  Nothing in this section prevents a tenant, with the consent of the landlord, from making repairs to the residential premises and being reimbursed for the costs of those repairs.
(5)  This section is a term of every residential tenancy agreement.
65   Tenants remedies for repairs
(1) Orders for which tenant may apply The Tribunal may, on application by a tenant, make any of the following orders:
(a)  an order that the landlord carry out specified repairs,
(b)  an order that the landlord reimburse the tenant an amount for urgent repairs carried out by the tenant.
(2) Orders for repairs The Tribunal may make an order that the landlord carry out specified repairs only if it determines that the landlord has breached the obligation under this Act to maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises.
(3)  The Tribunal must not determine that a landlord has breached the obligation unless it is satisfied that:
(a)  the landlord had notice of the need for the repair or ought reasonably to have known of the need for the repair, and
(b)  the landlord failed to act with reasonable diligence to have the repair carried out.
(4) Reimbursement for urgent repairs The Tribunal may order that the landlord reimburse the tenant an amount for urgent repairs carried out by the tenant if it is satisfied that the landlord has failed to reimburse the tenant for the costs in accordance with this Division.
(5) Payment of rent into Tribunal The Tribunal may order that all or part of the rent payable under a residential tenancy agreement be paid into the Tribunal until an order under this section has been complied with.