When your rental has a problem: how to record it and talk to the landlord

When you rent in Australia, one of the most common sources of dispute between landlord and tenant is responsibility for repairs and maintenance. Each state’s tenancy law sets out clearly who is responsible for what — understanding this properly will help you protect your rights and avoid losing your security deposit.

What is the landlord responsible for?

The landlord has a legal responsibility to keep the property in a safe and liveable condition throughout the tenancy. This includes:

• Structure and roof: walls, roof, floors, windows, and doors must be in good condition
• Electrical and plumbing systems: wiring, water supply and drainage, hot water system
• Appliances included in the lease: if the property is rented with air conditioning, a stove, or a heater, the landlord has a duty to keep them working
• Safety: locks and smoke alarms must work — this is usually a mandatory legal requirement
• Pests and termites: where the problem is not caused by the tenant

The general principle: anything that affects the safety or the normal usability of the property is the landlord’s responsibility.

What is the tenant responsible for?

The tenant is responsible for small, routine maintenance, including:

• Replacing light bulbs when they fail through normal use
• Watering plants and looking after the garden if the lease includes this
• Keeping the property clean and tidy throughout the tenancy
• Reporting problems promptly — if you know of a fault but don’t report it, and it gets worse, you can be held responsible
• Not causing damage beyond normal wear and tear

Emergency vs. non-emergency repairs

Every state’s tenancy law distinguishes between emergency repairs and routine repairs. These are two different processes, with different timeframes.

Emergency repairs are faults that seriously affect the safety or liveability of the property. Typical examples that the law usually lists include: a gas leak, a burst water pipe causing flooding, an electrical fault, a roof leak, or a broken front-door lock. In these situations, the landlord must respond very quickly — usually within a few hours to a day.

Routine repairs are less urgent faults, such as a dripping tap or a non-essential appliance breaking down. The landlord still has to deal with them within a reasonable time, but has more leeway.

Each state has specific timeframes — check the website of the tenant protection authority in your state.

Always report in writing

This is the most important principle: always report faults in writing, whether by email or SMS.

The practical reasons:

• You have clear evidence of when you reported it
• If the landlord doesn’t respond, you have grounds to escalate to the regulator
• If there is a dispute later (for example, over the security deposit), you have a record to prove it

When you report, describe the problem clearly, attach photos if you have them, and note the date you sent it.

If the landlord doesn’t respond

If you have reported in writing and the landlord or agent doesn’t act within a reasonable time, you shouldn’t just let it go. The usual escalation path is:

1. Follow up in writing — send a reminder email referring to your earlier message
2. Contact the tenant protection authority in your state — for example, Fair Trading NSW, Consumer Affairs Victoria, or the RTA in Queensland. They can mediate or order the landlord to carry out repairs
3. Lodge an application with the tenancy tribunal if the matter is still unresolved — for example, NCAT in NSW or VCAT in Victoria

In an emergency repair situation where you cannot reach the landlord, the law in many states allows the tenant to arrange a tradesperson themselves and deduct the cost from the rent — but there is a specific process and a cost limit. Check your state’s law before doing this.

Routine inspections by the landlord

The landlord or agent has the right to enter the property for a routine inspection but must give sufficient notice as required by law. They cannot just enter without notice, except in an emergency.

When an inspection is scheduled, it is a good opportunity to:

• Note any faults that need repair and raise them with the agent on the spot or afterwards in writing
• Photograph the state of the property for your records
• Make sure the property is clean and well maintained — a good inspection report works in your favour later

Fair wear and tear vs. tenant damage

This is one of the most common causes of dispute at the end of a tenancy.

Fair wear and tear is the natural change that occurs over time through normal use — paint gradually fading, carpet wearing along walkways, small scratches on a timber floor. The landlord cannot deduct from the deposit for these.

Damage caused by the tenant is anything beyond normal wear and tear — a large hole in the wall, a burn in the carpet, an appliance broken through carelessness. The tenant is responsible for compensating for this damage.

The line between the two is sometimes unclear and is often the point of contention at the tribunal. Photographing the property thoroughly at move-in (together with the condition report) and at move-out is the best protection for both sides.