One of the biggest sources of disputes between landlords and tenants is determining who should take responsibility for repairs to a rental property.The rules and regulations surrounding rental repairs and damage are relatively consistent across Australia.
However, there are some grey areas that aren’t always clear that can cause confusion and dissent between landlords and tenants.
Normal Wear and tear
In many cases, it is the landlord’s responsibility to take care of maintenance and repairs associated with normal wear and tear of fixtures and fittings.Plumbing fittings, hot water systems and underground pipes on the property are generally the responsibility of the landlord as they’re considered normal wear and tear.
If a tap or shower head is leaking, the landlord should fix the problem. The same principle applies to a leaking toilet. Plumbing fittings can deteriorate and wear out over time, so it becomes the landlord’s responsibility to either fix or replace them.
However, there are instances when the tenant may be held responsible for the cost of replacing or repairing some types of damage. For example, if the tenant digs a hole in the yard and breaks a pipe, the tenant is responsible for the repair.
Associated Damage
If an internal water pipe springs a leak in a rental property, there is a risk that flooding within the property could cause associated damage.For example, a burst water pipe under a sink in the kitchen could damage surrounding cabinetry and flooring. In this instance, the landlord is responsible for repairing any damage caused.
Accidental Pipe Damage
There are times when inclement weather conditions can cause serious damage to plumbing fixtures and fittings. Strong winds could cause a tree to fall onto the building, affecting any plumbing work running through the roof trusses. Likewise, a large tree uprooted during a storm could disrupt or damage underground plumbing. Any damage to the property caused by natural disasters falls under the landlord’s responsibility.
Malicious Pipe Damage
Malicious damage is when a tenant or a guest of the tenant intentionally damages something within the rental property.For example, the tenant may intentionally damage water pipes running to the sink or may break down-pipes. The tenant is responsible for any repairs caused by intentional or malicious damage.
By comparison, there are occasions when some specific types of malicious damage may become the landlord’s responsibility. For example, acts of vandalism are considered to be the landlord’s problem, such as someone throwing a brick through a window or a neighbour intentionally damaging the plumbing around a water meter or the stormwater pipes.
Grey Areas
While the rules are generally clear, there are some areas that can cause dissent between landlords and tenants.A common source of confusion arises when down-pipes and storm-water run-off pipes are damaged due to overflowing roof gutters.
It’s common for many landlords to assume that it’s the tenant’s responsibility to keep gutters clean and free from debris. When a gutter overflows and causes other damage, it’s tempting to blame the tenant for failing to keep gutters clean and demand they pay for repairs.
However, it is the landlord’s responsibility to keep gutters clean. The tenant only becomes responsible if they intentionally do something that blocks the gutters or storm-water down-pipes.
There are also plenty of disputes surrounding damage to a rental property caused by pests or vermin. In most cases, the landlord should ensure the property is regularly inspected for termites and other vermin, as any damage caused becomes the property owner’s responsibility.
Yet the tenant is also responsible for keeping a rental property clean and tidy. In the event that the landlord can prove the tenant’s own neglect may have attracted vermin or pests, it could be argued that the tenant could be held responsible for repairing any damage caused to the property.
Both landlords and tenants should always be aware of their responsibilities when it comes to the maintenance of any rental property. It’s also a good idea to stay informed about local rules and regulations, as they can change periodically.
One of the biggest sources of disputes between landlords and tenants is determining who should take responsibility for repairs to a rental property.The rules and regulations surrounding rental repairs and damage are relatively consistent across Australia.
However, there are some grey areas that aren’t always clear that can cause confusion and dissent between landlords and tenants.
Normal Wear and tear
In many cases, it is the landlord’s responsibility to take care of maintenance and repairs associated with normal wear and tear of fixtures and fittings.Plumbing fittings, hot water systems and underground pipes on the property are generally the responsibility of the landlord as they’re considered normal wear and tear.
If a tap or shower head is leaking, the landlord should fix the problem. The same principle applies to a leaking toilet. Plumbing fittings can deteriorate and wear out over time, so it becomes the landlord’s responsibility to either fix or replace them.
However, there are instances when the tenant may be held responsible for the cost of replacing or repairing some types of damage. For example, if the tenant digs a hole in the yard and breaks a pipe, the tenant is responsible for the repair.
Associated Damage
If an internal water pipe springs a leak in a rental property, there is a risk that flooding within the property could cause associated damage.For example, a burst water pipe under a sink in the kitchen could damage surrounding cabinetry and flooring. In this instance, the landlord is responsible for repairing any damage caused.
Accidental Pipe Damage
There are times when inclement weather conditions can cause serious damage to plumbing fixtures and fittings. Strong winds could cause a tree to fall onto the building, affecting any plumbing work running through the roof trusses. Likewise, a large tree uprooted during a storm could disrupt or damage underground plumbing. Any damage to the property caused by natural disasters falls under the landlord’s responsibility.
Malicious Pipe Damage
Malicious damage is when a tenant or a guest of the tenant intentionally damages something within the rental property.For example, the tenant may intentionally damage water pipes running to the sink or may break down-pipes. The tenant is responsible for any repairs caused by intentional or malicious damage.
By comparison, there are occasions when some specific types of malicious damage may become the landlord’s responsibility. For example, acts of vandalism are considered to be the landlord’s problem, such as someone throwing a brick through a window or a neighbour intentionally damaging the plumbing around a water meter or the stormwater pipes.
Grey Areas
While the rules are generally clear, there are some areas that can cause dissent between landlords and tenants.A common source of confusion arises when down-pipes and storm-water run-off pipes are damaged due to overflowing roof gutters.
It’s common for many landlords to assume that it’s the tenant’s responsibility to keep gutters clean and free from debris. When a gutter overflows and causes other damage, it’s tempting to blame the tenant for failing to keep gutters clean and demand they pay for repairs.
However, it is the landlord’s responsibility to keep gutters clean. The tenant only becomes responsible if they intentionally do something that blocks the gutters or storm-water down-pipes.
There are also plenty of disputes surrounding damage to a rental property caused by pests or vermin. In most cases, the landlord should ensure the property is regularly inspected for termites and other vermin, as any damage caused becomes the property owner’s responsibility.
Yet the tenant is also responsible for keeping a rental property clean and tidy. In the event that the landlord can prove the tenant’s own neglect may have attracted vermin or pests, it could be argued that the tenant could be held responsible for repairing any damage caused to the property.
Both landlords and tenants should always be aware of their responsibilities when it comes to the maintenance of any rental property. It’s also a good idea to stay informed about local rules and regulations, as they can change periodically.