New Tenancy Laws Affecting Repairs
Tenancy laws are seeing changes beginning 1 October 2022.
Some of those changes affect the process and authorisation of repairs, including:
- increasing the maximum spending amount allowed for a tenant or property manager for emergency repairs from two weeks to four weeks’ rent;
- the Form 18a General Tenancy Agreement must now identify the nominated repairer that is the tenant’s first point of call for emergency repairs;
- new provisions replacing the process for obtaining and dealing with an order of QCAT for carrying out emergency & routine repairs – now referred to as “Repair Orders”;
- an outstanding Repair Order made by QCAT applying to a property must be disclosed in the Form 18a General Tenancy Agreement to the tenant prior to the tenant entering into the tenancy; and
- any repairs for damage to the property which are caused by domestic violence experienced by the tenant is the responsibility of the lessor and costs cannot be recovered from the tenant.
Landlords and Property Managers should be aware of the difference between emergency repairs and routine repairs.
Emergency repairs include:
- a burst water service or serious water service leak;
- a blocked or broken lavatory system;
- 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 the property;
- a failure or breakdown of an essential service or appliance on the property for hot water, cooking or heating;
- a fault or damage that makes the property unsafe or insecure;
- a fault or damage likely to injure a person, damage property or unduly inconvenience
- a resident of the property; or
- a serious fault in a staircase, lift or other common area of the property that unduly inconveniences a resident in gaining access to, or using, the property.
All other repairs are considered to be routine repairs and maintenance.
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