Landlord’s maintenance responsibilities
The law says that a landlord has to maintain their rental property in a reasonable state of repair. This doesn’t mean they have to keep the property in a perfect, modern condition. What is reasonable for the property depends on the age and character of the house, and how long it is likely to be lived in (s 45(1)(b) RTA). For details, see types of maintenance.
Tenant’s maintenance responsibilities
Unless stated otherwise in the tenancy agreement, tenants’ maintenance responsibilities include:
- keeping the place reasonably clean and tidy,
- weeding the garden and mowing lawns,
- washing exterior windows,
- replacing standard light bulbs, and
- telling the landlord immediately when things need to be maintained or repaired.
What if the landlord won’t do maintenance?
Some landlords aren’t very good at keeping up regular maintenance on a property, particularly if the issues are just general wear and tear and there’s nothing that is obviously broken (eg, old carpet, or blocked guttering).
However, if a landlord fails to maintain the property, this is a breach of the tenancy agreement. Tenants have several options when a landlord is in breach. See more about remedying breaches here.
Case study
A tenant rented a cottage in a rural area for 13 years. Over that time, the landlord never conducted a formal inspection, although they undertook some repairs when the tenant asked.
The cottage gradually got so rundown that there was extensive mould, rotting window joinery and weatherboards (causing draughts and damp, and allowing rats to get in), no insulation, blocked guttering and no filters to the house’s tank water system. The landlord also failed to install working smoke alarms.
Even though the tenant hadn’t complained during the tenancy, the Tribunal awarded her almost $11,000 by way of compensation and rent reduction for the landlord’s failure to maintain the house.
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