If the Landlord Fails to do Repairs
- Keep paying your rent. Rent strikes are a breach of your tenancy agreement. The landlord may take action to end your tenancy.
- You can apply to the Consumer, Trader and Tenancy Tribunal for order/s – see below.
Applying to the Consumer, Trader and Tenancy Tribunal for orders
You can apply for one or more of the following orders:
that the landlord do the repairs you have specified – apply within 3 months of the landlord failing to do
repairs by your deadline
- that the rent is reduced from when you told the landlord/agent about the need for the repairs until repairs are done – apply at any time before the end of the tenancy (a rent reduction is not practical for social housing tenants who receive a rent rebate)
- that the landlord compensate you for losses you suffered because they did not do the repairs – apply within 3 months of the landlord failing to do repairs by your deadline
- that all or part of the rent is paid to the Consumer, Trader and Tenancy Tribunal until the repairs are done.
Applying for an order for repairs
You must be able to show that:
- the premises were not in reasonable repair
- you told landlord/agent about the need for the repairs or that they ought to have reasonably known about it
- the landlord/agent failed to act with reasonable diligence to have the repairs carried out.
Applying for a rent reduction
The Consumer, Trader and Tenancy Tribunal may make an order that the rent is or was excessive due to a reduction or withdrawal by the landlord of any goods, services or facilities provided with the premises. For example: The landlord fails to repair a brokendown hot-water system. Apply for an order that the rent was excessive for the time you were without hot water. If the Consumer, Trader and Tenancy Tribunal fi nds the rent excessive, it will make an excessive rent order. It will specify:
- the amount that the rent must not exceed
- the day from which this maximum rent applies – for a period of up to of 12 months.
See Factsheet: Rent increases for how to prepare an excessive rent case.
Applying for compensation
You can apply for order/s that the landlord compensate you for ‘economic loss’. For example:
- you had to spend money on take-away food because the landlord failed to fix the stove
- your belongings are destroyed or damaged because the landlord failed to fix a leaking roof.
You may also apply for an order that the landlord compensate you for distress and disappointment (‘non-economic loss’). Contact your local TAAS for advice before doing this. You must be able to show that your loss was caused by the landlord’s failure to do repairs. The Consumer, Trader and Tenancy Tribunal may not order compensation for losses that you could have avoided by taking reasonable steps (e.g. moving your furniture from under a leaking roof).
- Consumer, Trader and Tenancy Tribunal, phone 1300 135 399, www.cttt.nsw.gov.au
- Housing Appeals Committee: phone 02 9715 7955, free call 1800 629 794. www.hac.nsw.gov.au
FURTHER HELP: Tenants Advice and Advocacy Services
- Inner 9698 5975
- Inner West 9559 2899
- South 9787 4679
- South West 4628 1678
- East 9386 9147
- West 8833 0911
- North 9884 9605
- North West 9413 2677
- Blue Mountains 1300 363 967
- Central Coast 4353 5515
- Hunter 4969 7666
- Illawarra Sth Coast 4274 3475
- Mid North Coast 6583 9866
- Northern Rivers 6621 1022
- Northwest NSW 1800 836 268
- Southwest NSW 1800 642 609
- Sydney 9569 0222
- West NSW 1800 810 233
- South NSW 1800 672 185
- North NSW 1800 248 913
Older persons 1800 131 310 Website www.tenants.org.au
NSW Fair Trading 133 220
This factsheet is intended as a guide to the law and should not be used as a substitute for legal advice. It applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia.
Information supplied courtesy of the Tenants Union of NSW
Further information and advice for NSW tenants can be sourced from www.tenants.org.au
© Tenants’ Union of NSW