The relationship between a tenant and a landlord is built on a simple premise: one party provides a habitable property, the other pays rent to live in it. When that relationship works well, it is straightforward and mutually beneficial. When it breaks down, the fault line almost always runs through one issue: repairs and maintenance.
Who is responsible for the leaking tap? How quickly must a broken hot water system be fixed? What happens when a landlord ignores a maintenance request for months? Can a tenant arrange their own repairs and send the bill to the owner? What counts as fair wear and tear versus tenant-caused damage? And what are the legal consequences when either party fails to meet their obligations?
These questions are not abstract. They affect millions of Australians every day. With Perth’s median house sale price approaching $1 million and rental vacancy rates remaining tight, the financial stakes on both sides of the lease are higher than ever. A landlord who neglects maintenance risks regulatory penalties, tribunal orders, and damage to a valuable asset. A tenant who does not understand their rights may live for months with problems that should have been fixed within days.
This guide provides a comprehensive overview of how repairs and maintenance work within an Australian residential lease, with particular attention to Western Australian law. It covers the obligations of landlords and tenants, the distinction between urgent and non-urgent repairs, the process for requesting and enforcing repairs, the consequences of non-compliance, and the practical steps both parties can take to manage maintenance effectively and avoid disputes.
Understanding Who Is Responsible for Repairs and Maintenance in a Lease
The division of responsibility between landlord and tenant is established by legislation, not by the preferences of either party. In Western Australia, the Residential Tenancies Act 1987 sets out clear obligations for both sides. Similar legislation exists in every other Australian state and territory, though the specific provisions and timeframes vary.
The Landlord’s Obligations
The landlord is responsible for providing and maintaining the property in a reasonable state of repair throughout the tenancy. This obligation covers the structure of the building, including walls, roof, floors, ceilings, windows, and doors. It covers all fixtures and fittings supplied with the property, including ovens, cooktops, air conditioning units, hot water systems, built-in wardrobes, and bathroom fixtures. It extends to essential services including water supply, gas, electricity, and sewerage connections. And it includes any external features that form part of the lease, such as fencing, gates, carports, and reticulation systems.
The obligation is ongoing. It does not end once the tenant moves in. If a component fails through normal use, age, or external factors, the landlord must arrange and pay for the repair. This applies regardless of whether the landlord lives locally, interstate, or overseas. The property manager, if one is engaged, acts as the landlord’s agent in managing repairs, but the legal obligation sits with the owner.
A Jane Brook landlord was fined $3,300 and ordered to pay $2,606 in costs in 2026 after being convicted of breaching the Residential Tenancies Act for failing to maintain a rental property. This is not an isolated case. Consumer Protection WA actively investigates and prosecutes landlords who fail to meet their maintenance obligations.
Understanding these obligations is essential whether you are buying a home to live in or as an investment property. The responsibilities attached to rental ownership begin the moment a tenant takes possession.
The Tenant’s Obligations
Tenants are not passive occupants waiting for the landlord to maintain everything. They have their own set of responsibilities.
Tenants must keep the property reasonably clean and tidy. They must not intentionally or carelessly damage the property. They must report maintenance issues to the landlord or property manager promptly, rather than allowing problems to worsen. They are responsible for damage caused by themselves, their family members, guests, or pets. And they must allow the landlord reasonable access to the property for repairs, provided proper notice is given.
Crucially, tenants are not responsible for fair wear and tear. A carpet that wears thin over five years of normal use is the landlord’s responsibility. A carpet stained by a spilled drink is the tenant’s. The distinction between fair wear and tenant-caused damage is one of the most frequently disputed areas in tenancy law, and it is often resolved by reference to the property condition report completed at the start of the tenancy.
The Property Condition Report
The condition report is a detailed record of the property’s state at the commencement of the tenancy. It documents every room, fixture, fitting, and surface, noting any existing damage, wear, or deficiency. In Western Australia, the landlord must provide the condition report to the tenant before occupancy, and the tenant has seven days to review it, add any additional items, and return it.
This document becomes the baseline against which the property’s condition at the end of the tenancy is measured. Disputes over bond deductions, damage claims, and maintenance responsibility are almost always resolved by reference to the condition report. If you are a tenant, complete it thoroughly. If you are a landlord, ensure it is detailed and accurate. Both parties should retain a copy for the duration of the tenancy.
For investors buying property in Western Australia, understanding the condition report process is fundamental to protecting your investment from the first day of the tenancy.
Urgent Repairs vs Non-Urgent Repairs
Not all repairs are treated equally under the law. The distinction between urgent and non-urgent repairs determines how quickly the landlord must respond and what rights the tenant has if the response is inadequate.
What Qualifies as an Urgent Repair
Urgent repairs are those that affect the safety, security, or habitability of the property. Under Western Australian law, the landlord or property manager must initiate urgent repairs within 48 hours of being notified. For damage to essential services, including water supply, gas, electricity, hot water, or sewerage, the response time is 24 hours.
Examples of urgent repairs include a burst water pipe or significant plumbing failure, a gas leak, a complete loss of electrical power, a failed hot water system, a blocked or broken toilet where no alternative is available, serious roof damage causing water ingress, a broken external door lock that compromises security, dangerous electrical faults, and flooding or serious water damage.
If the tenant cannot contact the landlord or property manager, or if the landlord fails to initiate repairs within the required timeframe, the tenant has the right to engage a suitably qualified repairer to fix the issue to a minimum standard. The landlord is then required to reimburse the tenant for the reasonable cost. Tenants should keep all receipts and maintain a written record of their attempts to contact the landlord.
What Qualifies as a Non-Urgent Repair
Non-urgent repairs are maintenance issues that do not pose an immediate risk to safety or habitability but still require attention. There is no legislated timeframe for non-urgent repairs in WA, but the law requires them to be completed within a “reasonable time.”
Examples include a dripping tap that does not affect water supply, a sticking door or window that still functions, minor cosmetic damage to walls or paintwork, a malfunctioning air conditioning unit during winter, a broken garden reticulation system, and non-essential appliance failures such as a dishwasher.
What constitutes a “reasonable time” depends on the nature of the repair, the availability of parts and tradespeople, and the impact on the tenant’s use of the property. A landlord who takes three months to fix a dripping tap may be acting within reason. A landlord who takes three months to repair a bedroom window that will not close properly is almost certainly not.
The Process for Requesting and Enforcing Repairs
Understanding the correct process protects both parties and creates the documentation that supports any future dispute.
How Tenants Should Request Repairs
Always put repair requests in writing. Email, text message, or the messaging function within a property management platform all create a dated record of when the request was made and what was reported. Verbal requests are difficult to prove if a dispute arises.
The request should describe the issue clearly, including its location, the nature of the problem, when it was first noticed, and how it affects the tenant’s use of the property. Photographs strengthen the request and provide evidence of the condition at the time of reporting.
If the landlord or property manager does not respond within a reasonable time, the tenant should send a follow-up request in writing, referencing the original communication and noting the elapsed time.
What Happens When the Landlord Does Not Respond
If a tenant has made written repair requests and the landlord has not responded or acted within the required timeframe, the tenant has several options under Western Australian law.
The tenant can serve a breach notice on the landlord. This formal notice states that the landlord has breached the tenancy agreement by failing to carry out necessary repairs and gives the landlord 14 days to remedy the breach.
If the breach is not remedied, the tenant can apply to the Magistrates Court for an order requiring the landlord to carry out the repairs. The court can also order a rent reduction for the period during which the property was in a state of disrepair.
For urgent repairs that the tenant has paid for out of pocket because the landlord failed to act, the tenant can seek reimbursement through the court.
Understanding the legal process for tenant and landlord disputes helps both parties approach repair disagreements with clarity about their rights and the mechanisms available for resolution.
The Landlord’s Right of Access for Repairs
Landlords have the right to enter the property to carry out repairs, but they must provide the tenant with at least 72 hours’ written notice for non-urgent repairs. For urgent repairs, the landlord may enter with reasonable notice, which may be shorter than 72 hours depending on the circumstances.
For routine property inspections, which are distinct from repair access, the landlord must provide 7 to 14 days’ notice. A tenant can refuse entry if proper notice has not been given, except in the case of a genuine emergency where delay would cause further damage.
Commercial Lease Repairs and Maintenance
The rules for commercial leases differ significantly from residential tenancies. Commercial tenants do not have the same statutory protections, and the allocation of repair and maintenance responsibilities is largely determined by the lease terms that are negotiated between the parties.
How Responsibility Is Typically Allocated
In most commercial leases, the landlord retains responsibility for structural repairs, including the roof, external walls, foundation, and load-bearing elements. The tenant is typically responsible for maintaining the fit-out, internal surfaces, and any equipment or fixtures they have installed.
However, these allocations are negotiable, and the specific terms of your lease determine who pays for what. Some commercial leases shift a broader range of maintenance obligations to the tenant through outgoings recovery or make-good provisions. Others allocate specific items, such as air conditioning maintenance or glass replacement, to the tenant regardless of cause.
Before signing any commercial lease, review the repair and maintenance clauses carefully. Understand exactly what you are responsible for, what the landlord covers, and how disputes about responsibility are resolved. Having the lease reviewed by a qualified professional before you commit protects you from inheriting obligations that are disproportionate or unexpected.
Make Good Obligations
Most commercial leases require the tenant to return the premises in a specified condition at the end of the lease. The make-good clause defines what that condition is and what the tenant must do to achieve it. This may include removing all tenant fixtures, fittings, and signage, repairing any damage caused by the removal, repainting internal surfaces, replacing floor coverings, and restoring the premises to base building condition.
The cost of make-good can be substantial, and it is directly influenced by how well the premises were maintained during the tenancy. A tenant who has maintained the property well throughout the lease will face a significantly lower make-good cost than one who has deferred maintenance for years.
Practical Steps for Landlords
Proactive maintenance management protects your investment, keeps your tenants satisfied, reduces turnover costs, and minimises the risk of regulatory action.
Conduct Regular Inspections
Routine property inspections, typically conducted quarterly, are your opportunity to identify maintenance issues before they escalate. A small roof leak caught early costs a few hundred dollars to repair. The same leak left for twelve months can cause thousands of dollars in water damage to ceilings, walls, and flooring.
During inspections, check the condition of the roof, gutters, and downpipes. Inspect wet areas for signs of moisture, mould, or waterproofing failure. Test that taps, toilets, and appliances are functioning. Check that smoke alarms and safety switches are operational. And document the overall condition of the property with photographs.
Respond Promptly to Repair Requests
The single most common cause of tenant complaints and tribunal applications is a landlord who fails to respond to repair requests in a timely manner. Even if you cannot arrange the repair immediately, acknowledging the request and providing a timeframe demonstrates good faith and prevents the issue from escalating.
Build relationships with reliable tradespeople who can respond promptly when needed. Having a plumber, electrician, and general maintenance provider on call reduces the time between a repair request and the repair being completed. If you are managing property in Perth, having local tradespeople who know the property is particularly valuable.
Budget for Maintenance
Set aside a percentage of rental income for maintenance and repairs. A common benchmark is 1 to 2 per cent of the property’s value per year for a newer property, and 2 to 4 per cent for an older one. This fund ensures you can address repairs promptly without financial strain and prevents the deferred maintenance that ultimately costs more to rectify.
Maintain Records
Keep a detailed record of every repair request received, every repair carried out, every inspection conducted, and every communication with the tenant about maintenance matters. This documentation protects you in the event of a dispute, a tribunal application, or an insurance claim. It also demonstrates that you have met your obligations under the Act, which is essential if a property dispute arises.
Practical Steps for Tenants
Understanding your rights is the foundation. Exercising them effectively is what produces results.
Document Everything
From the day you move in, maintain a file of all maintenance-related communications. Save emails, text messages, photographs, and any written responses from the landlord or property manager. If you make a verbal report, follow it up with a written confirmation that records the date, the issue, and what was discussed.
This documentation is your evidence if the matter escalates. A tribunal or court will give significant weight to a tenant who can demonstrate a clear pattern of requests, follow-ups, and delayed or absent responses from the landlord.
Complete the Condition Report Thoroughly
The condition report is your protection against unfair bond claims at the end of the tenancy. Spend time on it. Note every mark, every scratch, every stain, every crack, and every item that is not in perfect condition. Take photographs of everything. And return the completed report within the seven-day timeframe.
At the end of the tenancy, the condition report is the benchmark. Any damage that was documented at the start cannot be attributed to you. Any damage not documented at the start may be attributed to you unless you can prove otherwise.
Know the Difference Between Urgent and Non-Urgent
Understanding the classification of your repair helps you manage your expectations and exercise the correct rights. If your hot water system fails in winter, that is an urgent repair requiring a 24-hour response for essential services. If the garden gate squeaks, that is a non-urgent repair that the landlord should address within a reasonable time.
For urgent repairs that the landlord fails to address within the required timeframe, you have the right to arrange your own repairs up to a reasonable cost. Exercise this right carefully, document everything, and use qualified tradespeople.
Understand Your Rights Before Settlement Issues Arise
Whether you are a tenant navigating a maintenance dispute or a landlord managing your obligations, understanding the property settlement and transaction process helps you appreciate how repair obligations transfer when a property changes hands and what continuity tenants can expect.
The Bond and Its Relationship to Maintenance
The rental bond is held as security against the tenant meeting their obligations under the lease, including returning the property in the condition recorded in the condition report, allowing for fair wear and tear. Bond disputes are one of the most common sources of conflict between landlords and tenants, and maintenance history plays a central role.
What Landlords Can and Cannot Claim From the Bond
The landlord can claim from the bond for damage that exceeds fair wear and tear and that was not present at the start of the tenancy. This includes deliberate damage, damage caused by negligence, damage caused by pets, and the cost of cleaning if the property is not returned in a reasonably clean condition.
The landlord cannot claim from the bond for fair wear and tear. Worn carpets, faded paintwork, minor scuffs on walls, and the gradual aging of fixtures and fittings are the landlord’s responsibility, not the tenant’s. Attempting to claim bond for fair wear and tear is one of the most common pitfalls in property transactions and frequently results in the claim being dismissed by the relevant authority.
Dispute Resolution for Bond Claims
If the landlord and tenant cannot agree on the bond disposition, the matter can be referred to the Magistrates Court for determination. The court will examine the condition report, the evidence of damage, the maintenance history, and the relevant legislation to determine whether the landlord’s claim is justified.
Having thorough documentation, including the original condition report, photographs taken during and at the end of the tenancy, and records of maintenance requests and repairs, strengthens your position regardless of which side of the dispute you are on.
Recent Legislative Developments
Tenancy legislation across Australia continues to evolve, and staying current with changes that affect your rights and obligations is important.
In Western Australia, recent amendments have introduced limitations on rent increases, including restrictions to one increase per 12-month period. The pet provisions have been updated to require landlords to respond to pet requests within 14 days, with the request being deemed approved if no response is received. And the bond release process has been streamlined to reduce delays in returning bonds at the end of a tenancy.
These changes reflect a broader national trend toward greater tenant protection, particularly in markets where low vacancy rates and rising rents give tenants limited bargaining power. For landlords, understanding these changes is essential to maintaining compliance and avoiding the penalties that follow breaches.
If you are navigating the intersection of property ownership and tenancy obligations, conducting thorough due diligence on the property and its legal position before purchasing protects you from inheriting unresolved maintenance issues from the previous owner.
When Repair Disputes Escalate
Despite best efforts on both sides, some repair disputes escalate beyond informal resolution. When they do, understanding the available pathways helps you navigate the process efficiently.
Breach Notices
A breach notice is a formal document served by one party on the other stating that a term of the tenancy agreement has been breached. The recipient has 14 days to remedy the breach. If the breach is not remedied, the party who served the notice can apply to the court for orders.
Tribunal and Court Applications
In Western Australia, tenancy disputes are heard in the Magistrates Court. Applications can seek orders requiring the landlord to carry out specific repairs, awarding a rent reduction for the period during which the property was in a state of disrepair, compensating the tenant for losses caused by the landlord’s failure to maintain the property, or determining bond disputes.
The process involves filing an application, paying a filing fee, attending a hearing, and presenting your evidence. Both landlords and tenants can represent themselves, though legal representation is permitted and may be advantageous for complex matters.
If you are in the Perth area and looking for professional guidance on a tenancy repair dispute or any property-related legal matter, exploring the services available at http://dfglegal.com.au/perth/ is a practical starting point for connecting with qualified support.
Protecting Yourself as a Property Owner or Investor
Whether you are buying your first investment property or expanding a portfolio, understanding the maintenance obligations that come with rental ownership is as important as understanding the conveyancing process or the settlement procedure.
Before purchasing a property that you intend to rent out, consider the age and condition of the building and its likelihood of generating maintenance demands. Obtain a pre-purchase building inspection that identifies existing and developing maintenance issues. Budget for ongoing repairs and factor this into your investment return calculations. And understand the legal framework that governs your obligations as a landlord, including the timeframes for urgent and non-urgent repairs, the condition report process, and the bond disposition procedures.
Proactive maintenance is not just a legal obligation. It is a sound investment strategy. A well-maintained property attracts better tenants, commands higher rent, experiences lower vacancy rates, and retains its value over time. The cost of regular maintenance is consistently lower than the cost of deferred repairs, regulatory penalties, and the tenant turnover that follows a reputation for poor property management.
Frequently Asked Questions
What repairs is a landlord legally required to make in Western Australia?
The landlord is responsible for maintaining the property in a reasonable state of repair throughout the tenancy. This includes structural elements such as walls, roof, floors, and ceilings, all fixtures and fittings supplied with the property, essential services including water, gas, electricity, hot water, and sewerage, and any external features that form part of the lease. The landlord must respond to urgent repairs within 48 hours, or 24 hours for essential services. Non-urgent repairs must be completed within a reasonable timeframe. The only exception is damage caused by the tenant, their guests, or their pets, which is the tenant’s responsibility to repair.
What can a tenant do if the landlord refuses to make repairs?
The tenant should first ensure all repair requests have been made in writing with clear descriptions and photographs. If the landlord does not respond within a reasonable time, the tenant can serve a formal breach notice giving the landlord 14 days to remedy the breach. If the breach is not remedied, the tenant can apply to the Magistrates Court for an order requiring the landlord to carry out the repairs, a rent reduction, or compensation. For urgent repairs that the landlord fails to address within the required timeframe, the tenant has the right to engage a qualified repairer and seek reimbursement from the landlord.
What is the difference between fair wear and tear and tenant damage?
Fair wear and tear is the gradual deterioration of the property that occurs through normal everyday use. Examples include worn carpet in high-traffic areas, faded paintwork from sunlight exposure, minor scuffs on walls from furniture, and gradual deterioration of fixtures from age. Tenant damage is deterioration caused by negligence, misuse, or deliberate action. Examples include stains from spilled liquids, holes in walls from hanging items, pet damage to carpets or doors, and broken fixtures from improper use. The landlord is responsible for fair wear and tear. The tenant is responsible for damage they or their guests or pets have caused.
Do commercial leases have the same repair obligations as residential leases?
No. Commercial leases are not subject to the same statutory protections as residential tenancies. The allocation of repair and maintenance responsibility in a commercial lease is largely determined by the terms negotiated between the landlord and tenant. Typically, the landlord retains responsibility for structural repairs, while the tenant is responsible for maintaining the fit-out and internal surfaces. However, these allocations vary widely between leases, and some shift significantly more obligation to the tenant. Always review the repair and maintenance clauses carefully before signing a commercial lease.
How important is the property condition report for managing repairs and maintenance?
The property condition report is one of the most important documents in any tenancy. It provides a detailed, dated record of the property’s condition at the start of the lease and serves as the baseline against which the property’s condition at the end of the tenancy is measured. It protects tenants from being held responsible for pre-existing damage and protects landlords by documenting the condition in which the property was provided. Both parties should complete the report thoroughly, with photographs, and retain a copy for the duration of the tenancy. Bond disputes, damage claims, and maintenance responsibility questions are almost always resolved by reference to this document.
