Repairs and Maintenance Responsibilities

Landlords have extensive repair and maintenance obligations under the Residential Tenancies Act. They must ensure the property is in a reasonable state of repair at the start of the tenancy and maintain it throughout. This includes structural elements like roofs, walls, and foundations, as well as essential systems such as plumbing, electrical wiring, and heating.

The healthy homes standards have expanded these obligations significantly. Landlords must now ensure properties meet specific requirements for heating, insulation, ventilation, moisture control, and drainage. These aren't just one-off compliance requirements – landlords must maintain these standards throughout the tenancy.

Landlords are also responsible for repairs needed due to normal wear and tear. This includes things like worn carpets, faded paint, or appliances that break down through normal use. The key test is whether the damage or deterioration would occur through ordinary use of the property by a reasonable tenant.

When repairs are needed, landlords must complete them within a reasonable timeframe. For urgent repairs affecting health, safety, or security, this means immediately or within 24 hours. For other repairs, 90 days is generally considered reasonable, though this can vary depending on the complexity of the work and availability of contractors.

While landlords handle major repairs and maintenance, tenants have important responsibilities too. The primary duty is to keep the property reasonably clean and tidy, and to avoid causing damage beyond normal wear and tear. This means regular cleaning, proper use of fixtures and fittings, and taking reasonable care of the property.

Tenants are responsible for damage they cause, whether intentionally or through carelessness. This includes damage caused by their guests, children, or pets. Examples might include holes in walls from hanging pictures incorrectly, carpet stains from spills, or broken windows from accidents. The cost of repairing such damage can be deducted from the bond or claimed separately.

Some tenancy agreements specify additional maintenance duties for tenants, such as garden care, pool maintenance, or changing light bulbs. These clauses are generally enforceable provided they're reasonable and clearly stated in the agreement.

Tenants must also allow landlords reasonable access to inspect the property and carry out repairs. This includes providing reasonable notice when repairs are needed and cooperating with contractors during maintenance work. Failing to report necessary repairs promptly could make tenants liable for additional damage that results.

Urgent repairs are those needed to address immediate risks to health, safety, or security. This includes burst pipes, gas leaks, electrical faults, broken locks on external doors, or heating failures in winter. These situations require immediate action and have special rules about how they can be handled.

When urgent repairs are needed, tenants should contact their landlord immediately, preferably in writing as well as by phone. If the landlord cannot be reached or refuses to arrange repairs promptly, tenants may be able to arrange the work themselves and seek reimbursement. However, this should only be done for genuinely urgent situations and with proper documentation.

Before arranging urgent repairs yourself, try to get quotes from at least two contractors if time permits, and keep all receipts and documentation. The repairs must be necessary and the cost reasonable – you can't use the urgent repair provisions to upgrade the property or choose expensive options when cheaper alternatives would suffice.

Landlords who fail to address urgent repairs promptly may face penalties and compensation orders from the Tenancy Tribunal. In extreme cases, tenants might be able to terminate their tenancy immediately if the landlord's failure to maintain the property makes it uninhabitable.

Disputes over who should pay for repairs are among the most common tenancy issues. The key principle is that landlords pay for repairs due to normal wear and tear or property defects, while tenants pay for damage they cause. However, determining which category a particular repair falls into can be contentious.

Normal wear and tear includes gradual deterioration from ordinary use – things like carpet wearing thin in high-traffic areas, paint fading from sunlight, or tap washers wearing out. Tenant damage includes anything beyond this normal deterioration, such as carpet burns, holes in walls, or broken fixtures from misuse.

Age and quality of items affect these determinations significantly. A carpet that's already ten years old when it gets stained might be considered normal wear and tear, while the same stain on a new carpet would likely be tenant damage. Similarly, cheap fixtures that break easily might not result in tenant liability if they fail under normal use.

When disputes arise over repair costs, both parties should document the issue thoroughly with photos, quotes, and written communications. If agreement can't be reached, the Tenancy Tribunal can make binding decisions about who should pay for specific repairs and whether costs claimed are reasonable.

The healthy homes standards have created new ongoing maintenance obligations for landlords. It's not enough to meet the standards at the start of a tenancy – landlords must maintain compliance throughout. This means regular checks and maintenance of heating systems, ventilation, insulation, and moisture control measures.

Landlords must provide tenants with statements showing the property meets healthy homes standards, and these statements must be updated if relevant changes are made to the property. Tenants have the right to request evidence of compliance and can apply to the Tenancy Tribunal if they believe standards aren't being met.

Beyond healthy homes standards, landlords must maintain properties to meet building code requirements and ensure they remain safe and habitable. This includes regular maintenance of smoke alarms, electrical systems, and structural elements. Failure to maintain these standards can result in significant penalties and compensation orders.

Tenants should report maintenance issues that might affect compliance with these standards promptly. Issues like mould and dampness, heating system failures, or ventilation problems should be documented and reported in writing to create a clear record for any potential tribunal proceedings.

Proper notice procedures are crucial when repairs are needed. Tenants should give landlords written notice of required repairs, describing the problem clearly and requesting action within a reasonable timeframe. This creates a formal record and starts the clock ticking on the landlord's obligation to respond.

The notice should be specific about what needs repairing, why it's necessary, and any urgency involved. Photos can be helpful, especially for damage that might worsen over time. Keep copies of all communications and follow up if you don't receive a response within a reasonable time.

Landlords should respond to repair notices promptly, even if they can't complete the work immediately. A response acknowledging the issue and providing a timeframe for completion helps maintain good tenant relations and demonstrates compliance with legal obligations.

If repairs aren't completed within reasonable timeframes, tenants can apply to the Tenancy Tribunal for orders requiring the work to be done. The Tribunal can also award compensation for inconvenience, alternative accommodation costs, or rent reductions if the property becomes partially uninhabitable during extended repair periods.

Regular maintenance and inspections can prevent many repair disputes from arising. Landlords should conduct periodic inspections to identify potential issues before they become major problems, while tenants should report minor issues promptly before they worsen.

Landlords can conduct routine inspections up to four times per year with proper notice, and these inspections should include checking for maintenance issues. Looking for signs of wear and tear, potential safety hazards, or developing problems allows for proactive maintenance that's often cheaper than emergency repairs.

Tenants benefit from reporting maintenance issues early, as this demonstrates they're taking proper care of the property and can prevent minor problems from becoming major damage that might be attributed to tenant negligence. Regular communication about property condition helps maintain good landlord-tenant relationships.

Both parties should keep records of inspections, maintenance work completed, and any issues identified. This documentation becomes valuable if disputes arise later about the timing of problems, whether proper notice was given, or who should bear responsibility for repairs.

When repair disputes can't be resolved through direct negotiation, several options are available. Tenancy mediation is often the first step, providing a free service where an independent mediator helps parties reach agreement without going to tribunal.

If mediation doesn't resolve the issue, either party can apply to the Tenancy Tribunal for binding orders. The Tribunal can require repairs to be completed, determine who should pay for work, award compensation for delays or inconvenience, and make orders about ongoing maintenance obligations.

Tribunal applications should be supported by comprehensive documentation including photos, repair quotes, correspondence between the parties, and evidence of any financial losses. The more thorough your documentation, the stronger your case will be.

In some cases, repair disputes might indicate more serious issues with the tenancy relationship. If problems persist or involve significant safety concerns, it might be worth considering whether the tenancy should continue or whether ending the tenancy is the best option for all parties.