Landlord Won’t Fix Repairs? Mould, Leaks and Broken Appliances — What You Can Do

The oven died three weeks ago. There is a leak under the sink. Black mould is creeping up the bathroom wall. You have texted the agent four times and all you get is “I’ll pass it on.”

Here is the thing most renters don’t know: your landlord is legally required to keep the place in good repair. Not “when they get around to it.” In a reasonable time. And you have real power to make them do it.

What the law says

Every state has a Residential Tenancies Act. They all say roughly the same thing: the landlord must provide the property in a reasonably clean and fit condition, and must keep it in good repair for the whole tenancy.

• New South Wales: Residential Tenancies Act 2010, section 63.
• Victoria: Residential Tenancies Act 1997, section 68. Victoria also has minimum standards for rentals.
• Queensland: Residential Tenancies and Rooming Accommodation Act 2008, section 185.
• Western Australia: Residential Tenancies Act 1987, section 42.
• South Australia: Residential Tenancies Act 1995, section 68.
• Australian Capital Territory, Tasmania, Northern Territory: the same duty exists under each territory or state Act.

It doesn’t matter that the appliance is old. It doesn’t matter that the landlord “can’t afford it right now.” If it came with the place, they have to fix it.

Urgent vs non-urgent repairs

Urgent repairs are things like a burst pipe, no hot water, a gas leak, a dangerous electrical fault, a broken toilet, or serious storm damage. Urgent repairs must be done straight away (Victoria: immediately). If the landlord doesn’t act, you can often arrange the repair yourself and get the money back (up to a capped amount, for example $1,000 in New South Wales and $2,500 in Victoria).

Non-urgent repairs are everything else: a broken oven, a leaking tap, mould, a stuck window. These must be done in a “reasonable time.” Victoria: 14 days after a written request; other states: a reasonable time.

Why texting the agent isn’t enough

A text message is easy to ignore. It also doesn’t start any legal clock. What starts the clock is a written repair notice that:

• Lists every repair clearly.
• States when you first reported it.
• Gives a deadline (usually 14 days).
• Says what you will do if it is not fixed: apply to the tribunal for a repair order and rent reduction.

Agents take this seriously because it becomes evidence. If you end up at the tribunal, the member will ask: “Did you put it in writing?” You want to say yes.

What happens if they still ignore you

1. You apply to your state tribunal (NCAT, VCAT, QCAT, SACAT, or your local equivalent). In Victoria, go to Rental Dispute Resolution Victoria first, then VCAT. Fees are low.
2. The tribunal can order the landlord to do the repairs by a set date.
3. The tribunal can also order a rent reduction for the time you lived with the problem.

Landlords know this: a tribunal hearing can cost them far more than a plumber.

Don’t stop paying rent

This is the biggest mistake renters make. Withholding rent puts you in breach and gives the landlord a reason to evict you. Keep paying. Get the notice in. Let the law do the work.

Get it done today

You don’t need a lawyer for this. You need one properly worded document that quotes the right section of the right Act for your state, sets a clear deadline, and makes it obvious you know your rights.

Claim Done drafts your Tenant Repair Notice for $49. Done in about 5 minutes.