Repairs that are not getting done

What this usually means

Your landlord must keep the place fit to live in and in good repair for the whole tenancy. That is in the Act, not just in your agreement.

Every Queensland rental also has to meet the minimum housing standards. They have applied to all tenancies since 1 September 2024. In plain terms:

• the roof and windows keep out the rain, and the structure is sound
• doors and windows within reach have working locks
• the place is free of vermin, damp and mould, unless you caused them
• bedrooms and other private rooms have window coverings
• plumbing works, there is hot and cold drinking water, and toilets flush
• a kitchen, if there is one, has a working cooktop

Repairs are either emergency or routine. Emergency repairs include a burst water pipe, a gas leak, a dangerous electrical fault, a broken toilet and no hot water. They also include work needed to meet the minimum housing standards. Everything else is routine.

What you can do now

1. If it is dangerous, make the area safe and call 000 or the relevant emergency service first. A gas leak or sparking wiring is not something to leave for the agent.
2. For an emergency repair, tell the nominated repairer. Your agreement or a written notice names them. If you cannot reach them, tell the agent or owner. Do it in writing as well, by text or email.
3. If an emergency repair is not made in a reasonable time, you can arrange a suitably qualified person to do it. The cost can be up to 4 weeks rent. Keep invoices and receipts. Then give the landlord a written request to reimburse you or pay the repairer directly, with the paperwork attached.
4. For routine repairs, write to the agent. Say what is wrong, when you noticed it, and what you want. Attach photos and keep a copy.
5. Give them a reasonable time. If nothing happens, send a Notice to remedy breach (Form 11). It gives them at least 7 days to fix it. Add days if you post it.
6. If it is still not fixed, ask the RTA for free dispute resolution using a Dispute resolution request (Form 16).
7. Keep paying rent while you wait.

Time limits

• After you ask in writing to be repaid for an emergency repair, the landlord has 7 days to pay or to apply to QCAT. If they do neither, you can apply to QCAT.
• Form 11 gives at least 7 days to fix the problem.
• An application to QCAT about a breach of the agreement must be made within 6 months of when you become aware of the breach.
• If you think a notice to leave or a rent rise is punishment for asking for repairs, you have 1 month to apply to QCAT.
• For routine repairs the law only says the landlord must act within a reasonable time. There is no fixed number of days.

If it goes further

For an emergency repair, you can apply to QCAT as an urgent matter without going through the RTA first. For routine repairs, the RTA conciliation comes first and then QCAT.

QCAT can make a repair order. It looks at how the landlord and agent behaved, the risk of injury, and what you lost by living with the fault. The order can say what must be repaired and by when, who pays, that you may pay reduced rent until the work is done, and that the landlord must pay you compensation. A repair order stays attached to the property until it is complied with.

If the landlord ignores a repair order, you can ask the RTA to investigate. That is an offence with a maximum of 50 penalty units.

If the landlord needs to come in to do the work, they must give you an entry notice (Form 9) first, at least 48 hours before they enter.

Questions to ask whoever helps you

• Is my problem an emergency repair or a routine repair?
• Does the fault breach the minimum housing standards?
• Should I send a Form 11, and how long should I wait before going further?
• Can I arrange the repair myself, and what do I need to keep?
• Do I need to ask the RTA first, or can I go straight to QCAT?