Maintenance and repairs
Information on maintenance and repairt of rental properties
Cleanliness and repairs - before you move in
Check the cleanliness of the premises and things such as pests, weather resistance, building security, the state of doors, windows, taps, hot water system, and fencing. Check if the landlord intends to fix any problems that you discover and get this written into the agreement.
Once you have moved in
The landlord must keep the premises in a reasonable state of repair during the tenancy, and make sure it complies with building, health and safety laws.
The landlord is responsible for the upkeep of the property and the maintenance of contents provided as part of the tenancy.
Mould or mildew caused by faults in gutters or other fixtures should be fixed by the landlord, but you should regularly air out the home to avoid mould problems in winter.
The landlord can contract out of their obligation to look after the property and can include a clause in the agreement requiring you to look after maintenance and repairs, but be careful about accepting this as it could be expensive!
You must not intentionally or negligently damage property. If you have damaged the property, you must notify the landlord as soon as possible, within three days of it happening and expect to pay for repair or replacement of the damaged property.
Except where your lease says differently, you are responsible for basic household maintenance (e.g. replacing light bulbs, cleaning windows, dusting, removing cobwebs inside and outside) and garden maintenance, such as watering, mowing, weeding, pruning and fertilising. You must also notify the landlord if you are aware of any potential roof damage that could be caused by blocked gutters.
Urgent repairs
Unless the written agreement states otherwise, you can organise urgent repairs if the damage is likely to cause injury or problems and you've made a reasonable attempt to notify the landlord of the problem. In this case, you must not have caused the problem by failing to keep to the agreement, or causing a problem through wilful or neglectful action.
If a notice is served on the landlord requiring urgent repairs to be carried out but it is ignored, you can then have urgent repairs carried out by a tradesperson and claim back the costs from the landlord. This only applies if the agreement does not require you to obtain the landlord/owner's written permission to have repairs done.
Examples of urgent repairs are:
- a burst water pipe or broken hot water system;
- a gas leak or electrical fault likely to endanger people or damage property;
- a sewerage system blockage or broken sewerage fitting;
- damage from flooding, storms or fire; or
- a broken major appliance such as a stove or refrigerator (if included in the tenancy).
You can recover the costs of urgent repairs from the landlord, but these costs must be reasonable and the work must have been carried out by a qualified tradesperson, who should give the landlord a written report on the apparent cause of the problem.
You should get at least two quotes first. Keep in mind that a tenancy agreement prepared by the Real Estate Institute of WA (REIWA) does not allow tenants to undertake emergency repairs although other standard tenancy agreements may allow it.
'Wear and tear' vs. negligence
These examples may help to explain the difference between 'wear and tear' and 'negligence'.
Normal wear and tear - LANDLORD IS LIABLE
- Curtains faded from years of sun.
- Carpet in hall or other areas worn because it is used frequently.
- A lock broke because it was old and had worn out.
- Paint flaking because it is old or not applied properly.
Neglectful damage - TENANT IS LIABLE
- Your cat tears the curtains.
- Stains or burns from things you dropped or placed on carpets.
- You forgot the key and broke a lock to get in.
- Mould/mildew formed because you didn't properly air the dwelling.