Your landlord (or their agent) is required to maintain premises in a reasonable state of repair having regard to condition at commencement of tenancy agreement. Your responsibility is to notify them of any need for repairs [clause 55, standard residential tenancy terms (SRTT)].
With regard to repairs they are required to make urgent repairs as soon as necessary having regard to the nature of the problem, subject to reasonable access arrangements with you (clause 59).
Serious flooding is an urgent repair. If the flooding is not serious, the repairs must be made within 4 weeks.
What do I do?
Notify landlord/agent of the need for repairs as quickly as possible, if you cannot reach them leave a message, send an email. Contact emergency tradespeople if you have such details. Keep records/notes of what you do; take photos of the extent of the damage.
What if my belongings are damaged?
Contact your contents insurer. If you don’t have insurance you may be entitled to seek compensation from the landlord, keep records and receipts.
What if I cannot stay in the property?
Under the SRTT the tenancy can be terminated if the property is uninhabitable (clause 86), if you don’t want to terminate the tenancy, the rent abates for the period it is not habitable and resumes when you are able to move back in.
What if repairs are not made?
You can issue a Notice to Remedy requiring them to do the repairs, in extreme circumstances you can immediately make an application to the ACT Civil and Administrative Tribunal for orders that the repairs be done. They can also make an order that you be compensated for losses, that a rent reduction be applied, or even that the tenancy be terminated.
NOTE: This is general information only, for detailed advice contact the Tenants’ Advice Service.
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This website provides information about the law designed to help users understand their legal rights and obligations. However legal information is not the same as legal advice (the application of law to an individual's specific circumstances). Although we make all efforts to ensure our information is accurate and useful, we recommend you consult the Tenants Advice Service for advice specific to your circumstances. You are also free to consult an independent solicitor for a second opinion.
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