Tenant Rights for Repairs and Maintenance in Australia
Last updated: June 2026
Landlord's Duty to Maintain the Property
In every state and territory, landlords have a legal obligation to maintain the rental property in a reasonable state of repair throughout the tenancy, having regard to the age and character of the property. This duty cannot be contracted away — it applies even if the lease says otherwise.
Urgent vs Non-Urgent Repairs
Repairs fall into two categories with different timeframes:
Urgent repairs must be dealt with immediately. These include:
- Burst water pipe or water service failure
- Gas leak or dangerous gas fitting
- Serious roof leak
- Failure of essential services (electricity, hot water, heating in cold weather)
- Flooding or serious damage from storms
- Broken door locks or window latches (security issues)
- Broken toilet (if no alternative)
- Pest infestation (in some states)
Non-urgent repairs must be completed within a reasonable time — generally 14 days of written notice under most state laws.
What To Do If Your Landlord Won't Fix Things
Step 1: Notify in writing
Always report repairs in writing (email is fine) and keep a copy. This creates a record and starts the clock on the repair timeframe.
Step 2: Follow up in writing
If no action is taken, send a follow-up with a deadline and state you may take further action.
Step 3: Emergency repair rights
For urgent repairs that your landlord fails to address, most states allow you to arrange the repair yourself and claim reimbursement from the landlord, up to a certain amount. Keep all receipts.
Step 4: Apply to the tribunal
If the landlord still does not act, apply to your state's Civil and Administrative Tribunal for a repair order. The tribunal can order the landlord to carry out repairs and in serious cases may allow you to pay reduced rent or terminate the tenancy.
Rent Reduction for Uninhabitable Conditions
If a repair issue significantly reduces your enjoyment of the property, you may be entitled to a reduction in rent for the period the issue persists. This can be claimed retrospectively through the tribunal.
Tenant Responsibilities
Tenants are responsible for:
- Keeping the property reasonably clean
- Minor maintenance (e.g. replacing light bulbs in some states)
- Notifying the landlord promptly of damage or defects
- Not causing deliberate damage
Tenants are NOT responsible for repairing damage caused by fair wear and tear, structural issues, or pre-existing defects.
Minimum Standards
Most states now have minimum habitability standards that rental properties must meet. These include requirements for:
- Weatherproofing (roof, walls, windows)
- Adequate natural light and ventilation
- Functioning plumbing and hot water
- Secure locks on doors and windows
- Heating (VIC and ACT have specific requirements)
A property that does not meet minimum standards may be the subject of a compliance notice from the relevant authority.