Repairs in rental properties
The rental provider (landlord) must organise and pay for all repairs if the damage is not the renter’s fault. If the renter caused the damage, the renter may have to pay for the repairs.
Repairs are either ‘urgent’ or ‘non-urgent’. Rental providers must make urgent repairs immediately. Rental providers must make non-urgent repairs within 14 days of getting a written request.
There are rules for what happens if a rental provider ignores a request for a repair to be made.
Renters must continue to pay rent even if they are waiting for a repair to be made.
The difference between urgent and non-urgent repairs
Urgent repairs are defined by the law. Anything else is a non-urgent repair. A repair is non-urgent if the renter can continue to safely live in the property. Non-urgent repairs include things like a broken dishwasher or loose bathroom tiles.
If a repair is not on the list below, it is a non-urgent or general repair.
Urgent repairs must be done immediately because they make the property unsafe or difficult to live in.
Anything on this list is legally defined as an urgent repair:
- burst water service
- blocked or broken toilet system
- serious roof leak
- gas leak
- dangerous electrical fault
- flooding or serious flood damage
- serious storm or fire damage
- an essential service or appliance for hot water, water, cooking, heating, or laundering is not working
- the gas, electricity or water supply is not working
- a cooling appliance or service provided by the rental provider is not working
- the property does not meet minimum standards
- a safety-related device, such as a smoke alarm or pool fence, is not working
- an appliance, fitting or fixture that is not working and causes a lot of water to be wasted
- any fault or damage in the property that makes it unsafe or insecure, including pests, mould or damp caused by or related to the building structure
- a serious problem with a lift or staircase.
Organising and paying for repairs
The rental provider must organise and pay for all repairs if they are not the renter’s fault.
If the renter caused the damage, the renter may have to pay for the repairs.
Renters must tell their rental provider or property manager about any repairs that need to be made as soon as possible.
Urgent repairs
Renters must contact the rental provider or agent straight away to ask for an urgent repair to be made.
Renters should:
- use the emergency phone number they were given when they moved in to contact the provider
- confirm their request in writing in case they need to prove they made the request.
Rental providers or agents must make sure the repair is done immediately.
If the rental provider or agent does not respond to the request, the renter can organise and pay for the repair. They can only do this if the repair does not cost more than $2500. The rental provider must pay them back within seven days.
Renters who cannot afford to pay for $2500 up front can contact Consumer Affairs Victoria using their online enquiries form.
Renters must tell the rental provider or property manager about any problems or damage as soon as they become aware of them.
A request for general repairs should:
- be in writing
- include the date on the request.
Rental providers or agents must make sure the repair is done in 14 days from the date of the request. Renters can take steps if rental providers are not responding.
For work that requires a license or registration, the renter or rental provider must use a suitably qualified person.
All repairs must be made to the standard a tradesperson would make them.
A renter or rental provider can make the repair themselves as long as they do it to the same standard as a tradesperson.
Renters must continue to pay rent while waiting for repairs to be done or waiting to be paid back for repairs. However, they can apply to VCAT for their rent to be paid into CAV’s Rent Special Account. This means CAV holds the rent and the rental provider does not receive it until the issue is sorted out.
Rental provider does not respond to a request
Renters should keep a record of their attempts to contact their rental provider.
Renters can contact Consumer Affairs Victoria for information and advice if their rental provider or agent has not organised repair within the required timeframe. Use their online enquiries form.
Urgent repairs costing $2500 or less
Renters can organise and pay for urgent repairs themselves when:
- they have notified the rental provider or property manager
- there has not been a prompt response
- the urgent repair costs $2500 or less.
Renters should keep all receipts and give the landlord a written notice asking them to repay the cost of the urgent repairs.
They must do this within seven days of the repairs being made.
Rental providers have seven days to pay from the date they receive written notice. If the rental provider does not repay, the renter can apply to VCAT. They can order the rental provider to repay the renter.
Urgent repairs costing more than $2500
Renters cannot organise and pay for urgent repairs that cost more than $2500. Instead, they should apply to VCAT for a repair order. VCAT will review the application within two business days. They can order the rental provider to arrange and pay for the repairs.
Non-urgent repairs
Renters have rights if the rental provider does not make non-urgent repairs within 14 days of the date of the written request.
Renters can ask Consumer Affairs Victoria to do a repairs inspection so they can get a report directing the rental provider to make the repairs. If the report says the rental provider has to make the repairs but they are still not done, the renter can ask VCAT to enforce the report. If the renter has already applied for a report from CAV, the renter must wait until the report is issued before applying to VCAT.
The renter may apply to VCAT if the rental provider does not make the repairs within 14 days even without a repairs inspection and report.
Rules when the renter is at fault
A rental provider can tell a renter to make or pay for repairs if they caused the damage or fault.
They must give the renter a ‘repair notice’. This is a written notice that says:
- what the damage is
- that the damage was caused by the renter
- whether they want the renter to repair the damage, or whether the rental provider will repair it.
If the renter is to organise the repair this must be done within 14 days and to the standard a tradesperson would make it. If they don’t do this, the rental provider may organise the repair at the renter’s expense.
If the rental provider is to organise the repair, they may ask the renter to cover the reasonable cost of repairs. Reasonable costs means costs that most people would think are fair. The law doesn’t define exactly what reasonable costs are, so if people can’t agree what is reasonable, they can apply to VCAT to make the decision for them.
If any water, gas or electricity appliances, fittings or fixtures need to be replaced, the rental provider must replace them with items that meet the minimum efficiency standards.
Try to resolve disputes by negotiating with the other person. If you cannot reach an agreement, there are formal ways to resolve disputes depending on your situation.
One of Consumer Affair Victoria inspectors can visit the property and write a report about the repairs. This is a free service.
Renters can ask CAV for a repairs inspection if:
- the renter and rental provider cannot agree on who is at fault for a non-urgent repair
- the rental provider has ignored a request for non-urgent repairs to be made
- the renter wants CAV to investigate whether the rental provider has failed to ensure the property is maintained properly.
Renters can ask Consumer Affairs Victoria to do a repairs inspection by using this Request for repairs inspection or rent assessment (Word, 115KB) form. You must include the written notice sent to the rental provider with the form.
CAV will send both the renter and the rental provider a copy of the report.
Applying to VCAT
Renters can apply to VCAT if a rental provider:
- has not made an urgent repair
- has not repaid them for an urgent repair the renter organised and paid for because the rental provider did not respond to their request
- has ignored a repairs inspection report that says they must make a repair.
Rental providers can apply to VCAT if the renter:
- has not paid the rental provider back for a repair that was the renter’s fault.
Rental providers and tradespeople entering the property
Making repairs is one of the reasons a rental provider or agent can enter a rental property. They also have the right to bring someone to make the repairs.
They must give the renter at least 24 hours notice. They can only enter the property between 8am and 6pm on any day except a public holiday.
However, for an urgent repair, a renter might agree to let them enter at different times or with less notice.