Urgent Repairs
There are multiple reforms listed under Urgent and Non-Urgent Repairs on: https://engage.vic.gov.au/fairersaferhousing
These reforms are about changes to Victoria’s renting laws.
The meaning of ‘urgent repairs’ has been expanded to include: any work necessary to repair or remedy items relating to the new Minimum Standards and Mandatory Safety Maintenance.
- a failure or breakdown of a cooling appliance or service provided by the rental provider
- a failure or breakdown of any safety related devices, including a smoke alarm or pool fence
- any fault or damage that makes the property unsafe or insecure, including a pest infestation or the presence of mould or damp caused by or related to the building structure.
Detailed reference guide 23: Expanded definition of urgent repairs (Word, 42KB
Renters will also now be required to report damage or breakdown of facilities in the property.
The aim of this reform is to minimise any reluctance the renter may feel to request a repair that has not previously been documented (for example, in the condition report), and to ensure that RRPs are able to prevent damage to the property that would occur if a repair was unnecessarily delayed.
Reform information relating to urgent repairs
Reform 50. Renters will be required to report damage or breakdown of facilities in the property. A renter who becomes aware of the need for a repair to the premises will have to give notice as soon as possible to the RRP or agent.
The aim of this reform is to minimise any reluctance the renter may feel to request a repair that has not previously been documented (for example, in the condition report), and to ensure that RRPs are able to prevent damage to the property that would occur if a repair was unnecessarily delayed.
A failure by the renter to report a defect would not lead to a breach of any other duty. However, if the renter subsequently alleges that the RRP did not comply with their repair obligations, or tries to claim damages for reduced amenity, VCAT will be able to consider whether, and when, the RRP was actually notified of the problem.
Reform 54. The existing definition of urgent repairs will be expanded to include breakdown of a cooling appliance, non-compliance with minimum standards or the safety-related obligations (such as a functioning smoke alarm), pest infestation and mould caused by the building structure. This reform also applies to urgent repairs in rooming houses and caravans.
Reform 50. Renters will be required to report damage or breakdown of facilities in the property. A renter who becomes aware of the need for a repair to the premises will have to give notice as soon as possible to the RRP or agent.
The aim of this reform is to minimise any reluctance the renter may feel to request a repair that has not previously been documented (for example, in the condition report), and to ensure that RRPs are able to prevent damage to the property that would occur if a repair was unnecessarily delayed.
A failure by the renter to report a defect would not lead to a breach of any other duty. However, if the renter subsequently alleges that the RRP did not comply with their repair obligations, or tries to claim damages for reduced amenity, VCAT will be able to consider whether, and when, the RRP was actually notified of the problem.
Reform 55. The limit for renters to authorise urgent repairs when their residential rental provider (RRP) has not promptly responded to an urgent repair request will be increased to reflect inflation from the current limit of $1,800. The revised limit will be prescribed in regulations. This reform also applies to rooming houses, caravan parks and residential parks.
Reform 57. Renters who have paid for urgent repairs up to the prescribed amount will be able to seek reimbursement from the RRP for the reasonable costs of repair within seven days, instead of 14 days. A failure by the RRP to reimburse the renter will entitle the renter to seek a compensation order from VCAT. This reform also applies to rooming houses, caravan parks and residential parks.
https://engage.vic.gov.au/fairersaferhousing
7 day reimbursement of urgent repairs
- If a renter carries out urgent repairs, they must give the rental provider written notice of the repairs and the cost of the repairs.
- The rental provider is liable to reimburse for the reasonable cost of the repairs, up to an amount to be prescribed by the Regulations.
- The rental provider must reimburse the renter for the cost of the repairs within 7 days of receiving the written notice.
- If the rental provider does not reimburse the renter as required, the renter may apply to VCAT for a compensation or compliance order. If VCAT is satisfied that the rental provider has not reimbursed the renter within 7 days, it may order the rental provider to compensate the renter for the cost of the urgent repairs.
- These changes to urgent repairs also apply to rooming houses, caravans, caravan park sites and residential park sites.
Citation:
Also See:
Increase to $2,500 reimbursement of urgent repairs
Sample Residential rental agreement (Consumer Affairs)
Residential Tenancies Act 1997 Section 26(1)
Residential Tenancies Regulations 2019 Regulation 10(1) – Schedule 1 Form 1
Part E – Rights and obligations
A renter may arrange for urgent repairs to be done if the renter has taken reasonable steps to arrange for the rental provider to immediately do the repairs; and the rental provider has not carried out the repairs.
If the renter has arranged for urgent repairs, the renter may be reimbursed directly by the rental provider for the reasonable cost of repairs up to $2,500.
The renter may apply to VCAT for an order requiring the rental provider to carry out repairs if:
· the renter cannot meet the cost of the repairs, or
· the cost of repairs is more than $2,500, or
· the rental provider refuses to pay the cost of repairs if it is carried out by the renter.
https://engage.vic.gov.au/rentingregulations
Residential Tenancies Amendment Act Citation relating to deadlocks
(4) In section 3(1) of the Principal Act, in the
definition of urgent
repairs—
(a) in paragraphs (h)(i) and (j),
for “landlord”
substitute “residential rental provider”;
(b) in paragraph (h)(ii), for
“owner” substitute
“operator”;
(c) after paragraph (i) insert—
“(ia) a failure or breakdown
of any cooling
appliance or cooling service
provided
by a residential rental provider,
rooming house operator, caravan
park
owner or caravan owner; or
(ib) a failure to comply with any
rental
minimum standards; or
(ic) a failure or breakdown of
any
safety-related devices, including
a smoke alarm or pool fence;
or”;
(d) for paragraph (k) substitute—
“(k) any fault or damage
that makes rented
premises, a rooming house, a
room, a
caravan or an SDA enrolled
dwelling
unsafe or insecure, including—
(i) a pest infestation; or
(ii) the presence of mould or
damp
caused by or related to the
building structure;
Residential Tenancies Amendment Act 2018
View Document by clinking here
NOTE: These reforms are in addition to the Residential Tenancies Act 1997
Under the Residential Tenancies Act 1997, urgent repairs in a rental property are:
- burst water service
- blocked or broken toilet system
- serious roof leak
- gas leak
- dangerous electrical fault
- flooding or serious flood damage
- serious storm or fire damage
- failure or breakdown of any essential service or appliance provided by a landlord or agent for hot water, water, cooking, heating, or * laundering
- failure or breakdown of the gas, electricity or water supply
- any fault or damage in the premises that makes the premises unsafe or insecure
- an appliance, fitting or fixture that is not working properly and causes a substantial amount of water to be wasted
- a serious fault in a lift or staircase.