Legallink | Find the Right Law Firm for You | I am renting in Australia, and the appliances, including the dishwasher and air conditioner, are broken. I have contacted the landlord about repairs or replacements, but there has been no resolution for two months. In this situation, how can I ensure that my rental rights are protected?

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I rent a house in Australia, and my electrical appliances, dishwasher and air conditioner, are broken. I contacted the landlord to repair or replace them, but the problem has not been solved for two months. In this case, how should I ensure that my rental rights are protected?

I'm sorry to hear about your situation. In Australia, tenants have rights under residential tenancy laws, which vary slightly between states and territories. However, there are common principles that apply across the country. Here's what you can do to protect your rental rights and seek resolution for the issues with your dishwasher and air conditioner:

Steps to Take

1. Review Your Lease Agreement: Check your lease agreement to see if it specifically mentions the maintenance and repair of electrical appliances. This will clarify the landlord's responsibilities.

2. Written Notice: Send a formal written notice to your landlord or property manager. Outline the issues, the fact that you have already reported them, and request immediate repair or replacement. Keep a copy of this notice for your records.

3. Understand Your Rights: Generally, under Australian tenancy laws, landlords are required to maintain the property in a reasonable state of repair, considering the age and character of the property and the amount of rent you pay. This typically includes fixing essential appliances.

4. Contacting Tenancy Authorities:
New South Wales: Fair Trading NSW
Victoria: Consumer Affairs Victoria
Queensland: Residential Tenancies Authority (RTA)
Western Australia: Department of Mines, Industry Regulation and Safety
South Australia: Consumer and Business Services
Tasmania: Residential Tenancy Commissioner
Australian Capital Territory: ACT Civil and Administrative Tribunal (ACAT)
Northern Territory: Northern Territory Consumer Affairs
Contact the relevant authority in your state or territory for advice and assistance. They can often provide mediation services or help you understand your rights and the next steps.

5. Apply to a Tribunal: If the landlord still doesn't take action, you can apply to the relevant tribunal or court in your state or territory. For example:
New South Wales: NSW Civil and Administrative Tribunal (NCAT)
Victoria: Victorian Civil and Administrative Tribunal (VCAT)
Queensland: Queensland Civil and Administrative Tribunal (QCAT)
These tribunals can make orders requiring the landlord to carry out repairs.

Important Legal Concepts

Reasonable State of Repair: Landlords are required to keep rental properties in a condition that is fit for habitation. This includes maintaining essential services and appliances in working order.

Notice to Remedy Breach: This is a formal notice you can give your landlord if they fail to meet their obligations under the tenancy agreement. It typically requires the landlord to fix the issue within a specified time.

Urgent Repairs: Some issues are classified as urgent (e.g., lack of hot water, broken stove, air conditioning during extreme weather). Different states and territories have specific definitions and processes for urgent repairs.

Compensation: If the landlord fails to repair or replace essential appliances in a reasonable time, you might be entitled to compensation for inconvenience or additional costs incurred (e.g., eating out due to a broken dishwasher).

Practical Tips

Document Everything: Keep records of all communications with your landlord or property manager, including emails, texts, and written notices.

Seek Mediation: Many tenancy authorities offer mediation services to resolve disputes without going to tribunal.

Know Your Lease Terms: Understand what your lease says about repairs and maintenance, and use this information when discussing with your landlord.

If you need further assistance, consider consulting a tenancy advocacy service or legal advisor specializing in residential tenancies. They can provide more personalized advice and support.

Legal Link Finds Similar Case Law for You

Law Firm's Insights

Date

14 October 2020

Place

Queensland

Judge

MARTIN

Highlights

The text discusses the case of Michael Owen-D'Arcy, who in 2007 brutally killed another man and mutilated his corpse. In 2010, he was convicted of that murder and a life sentence was imposed. Since then, Owen-D'Arcy has been convicted of a number of other offenses, including the attempted murder of a corrective services officer. In January 2013, a Maximum Security Order (MSO) was issued with respect to the applicant, and each time a new order is issued, it is for an extended period of time (currently until December 2020). Owen-D'Arcy is currently seeking to have the MSO lifted, arguing that it is cruel and inhuman treatment to keep him in isolation for this long. I. The Background a. Michael Owen-D'Arcy Michael Owen-D'Arcy murdered another man in 2007 and mutilated his corpse. In 2010, he was convicted of that murder and a life sentence was imposed. Since then, he has been convicted of a number of other offenses, including the attempted murder of a corrective services officer. In January 2013, a Maximum Security Order (MSO) was issued with respect to him, and each time a new order is issued it is for an extended period of time (currently until December 2020). b. The Application for Review Owen-D'Arcy is currently seeking to have the MSO lifted, arguing that it is cruel and inhuman treatment to keep him in isolation for this long. He claims that the decision imposing the MSO failed (among other things) to afford him natural justice.

Judgment

The author will hear the parties on the appropriate form of orders which reflect these reasons.

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