Lessors are required to maintain the premises in such a way that it is fit for a tenant to live in, and must maintain the premises and inclusions in good repair. Most real estate agents may request the tenant to advise of any routine maintenance in writing to their agency. This is best practice for both parties. The definition of routine repairs according to the Act is "routine repairs" are repairs that are not emergency repairs.
The meaning of emergency repairs are works needed to repair any of the following:
- a burst water service
- a blocked or broken lavatory service
- a serious roof leak
- a gas leak
- a dangerous electrical fault
- flooding or serious flood damage
- serious storm, fire or impact damage
- a failure or breakdown of the gas, electricity or water supply to premises
- a failure or breakdown of an essential service or appliance on premises for hot water, cooking or heating
- a fault or damage that makes premises unsafe or insecure
- a fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises
- a serious fault in a staircase, lift or other common area of premises that unduly inconveniences a resident in gaining access to, or using, the premises.
Routine repairs are any matter other than the above mentioned. The lessor/agent must attend to routine maintenance within a reasonable timeframe. If the tenant has any concerns or questions in relation to maintenance, they can contact the RTA on 1300 366 311. Emergency maintenance must be attended to immediately. Please refer to your tenancy agreement for instructions on who to contact if the emergency occurs out of hours.
Most agents inspect rental premises every three to four months as per their professional duty to the lessor and to ensure that the premises are maintained in a reasonable condition. The lessor/agent will give no less than seven days written notice on the RTA-approved Form 9, (entry notice) the amount of notice needed depends on the reason for entering the premises.
The minimum notice periods are:
- to inspect the premises - seven days (lessor/agent allowed to enter no more than once in a three month period, unless the tenant agrees)
- to complete routine repairs or carry out maintenance - 24 hours
- to inspect after repairs or maintenance has been carried out - 24 hours' notice
- if you agree; anytime by negotiation
- to repair or carry out maintenance where the premises is in a remote area and there is a shortage of qualified tradespersons in the area - no notice
- in an emergency, or to protect the premises from damage - no notice
- if the lessor/agent believes that the premises is abandoned - 24 hours
- to show the premises to a prospective tenant or buyer or for valuation purposes - 24 hours ( if the property is for sale, a Form 10 - notice of lessor's intention to sell must have been issued)
- by order of the Small Claims Tribunal - as stated in the order.
- if during a routine general inspection, a notice to remedy has been issued to a tenant for a "significant breach", a 24-hour re-entry notice can be issued to ensure the breach has been remedied. The re-entry must be done within 14 days of the expiry of the notice to remedy
- a significant breach is: the tenant using the premises for an illegal purpose; unapproved occupants; unapproved pets; another matter, if the cost of rectifying that matter exceeds one weeks' rent.
The parties may wish to negotiate a time that is suitable to everyone. If entry is for a lawful purpose, the correct notice has been given, and the entry is at a reasonable time the tenant can not refuse entry. Under the Act, the tenant does not have an automatic right to be present when the lessor/agent enters. If you have any concerns or questions regarding entry contact the RTA.
If you wish to make any structural changes to the premises, (i.e. install air conditioner or picture hooks etc) you must seek permission from the lessor/agent in writing BEFORE any changes are made. The agreement with the lessor about any structural changes or improvements must be in writing.
