Landlord won't make repairs in Australia: tenant rights and escalation path

Landlords have a legal duty to maintain the property

Under each state’s Residential Tenancies Act, landlords are legally required to keep a rental property:

Safe, clean and habitable
With functioning electricity, water and gas services
With a structurally sound shell — roof, walls, doors, locks

Urgent vs. routine repairs

Urgent repairs — must be addressed within 24–48 hours:

Gas leak, flooding, loss of hot water
Broken locks or security failure
Major electrical fault
Blocked or broken toilet (sole toilet in the property)

Routine (non-urgent) repairs — must be addressed within a reasonable time after written notice, typically 14 days.

Step 1: Put it in writing

Even if you have already told the landlord or agent verbally, you must submit a written request (email or text message you can save) to create a record. Include:

A clear description of the problem
The date you first noticed it
A reasonable repair deadline
The date of your written notice

Keep all correspondence — this is your evidence if a dispute arises.

Step 2: Emergency repairs when landlord is unreachable

If the issue is an urgent repair and you cannot reach the landlord or agent within a reasonable time:

You may arrange the repair yourself with a licensed tradesperson
Send the landlord the invoice and request reimbursement — they have 14 days to repay you
There is a statutory cost limit per state (typically $1,000–$2,500)

This right applies only to urgent repairs. For routine repairs, you cannot arrange your own tradesperson without the landlord’s consent.

Step 3: Apply to the Tribunal

If the landlord does not respond or refuses to act without justification, apply to your state tenancy tribunal:

NSW: NSW Civil and Administrative Tribunal (NCAT)
VIC: Victorian Civil and Administrative Tribunal (VCAT)
QLD: Queensland Civil and Administrative Tribunal (QCAT)

Filing fees are generally $20–$150 depending on the state. The Tribunal can order the landlord to carry out repairs by a set date, or reduce the rent for the period the property was substandard.

What tenants cannot do

Do not withhold rent without a Tribunal order — this is a breach of your lease and can result in eviction.
Do not make alterations or carry out major repairs without written consent.
Do not harass or threaten the landlord or agent.

Free support services

Tenancy hotlines in each state provide free phone advice.
Community Legal Centres (communitylegalcentres.org.au) — free legal advice.
Tenant advocacy services — can help you write letters and prepare for Tribunal.