Repairs - Repairs & maintenance - Contracting out

When you rent a place to live, the lessor, agent or provider must ensure the place is fit for you to live in and is in good repair.

The Residential Tenancies and Rooming Accommodation Act 2008 (‘the Act”) describes the rights and responsibilities of lessors, agents, providers and tenants in relation to repairs and maintenance and the steps you can take to resolve a dispute.

Tenants, residents, lessors or providers must not enter into an agreement that contradicts the provisions of the Act. The Act states that the lessor or provider is responsible for repairs and maintenance.

Any term in your agreement which states that you are responsible for routine repairs and maintenance is void and unenforceable. It is an offence for someone to intentionally, either directly or indirectly, include terms in a tenancy agreement that seek to ‘contract out’ of the Act. If the lessor, agent or provider does this, you could report them to the RTA who will investigate the issue. The lessor, agent or provider could be fined.