Types of maintenance

Landlords must meet all legal building, health, and safety requirements (s 45(1)(b) RTA). This includes keeping the plumbing, electrical wiring and structure of the house in good working order.

The landlord’s responsibility for indoor maintenance also includes cleaning the chimney and servicing any ducted heating and ventilation systems.

The landlord must ensure that the house is “reasonably secure” (s 46 RTA) - which means that external doors, locks and window fastenings must be able to close properly.

Tenants must let the landlord know immediately if there is damage to the premises, or a need for repairs (s 40(1)(d) RTA).

Tenants can ask their landlord, before or during a tenancy, to replace carpets that are old and worn through everyday use, or from mistreatment by a previous tenant.

The Tenancy Tribunal has said that carpets should last about 10 - 15 years, but the actual lifetime of a carpet will depend on what it is made from, and how much wear it has had. If previous tenants mistreated the carpet, it may have a much shorter lifespan.

The law doesn’t exactly say who is responsible for replacing light bulbs, but the Tenancy Tribunal has required tenants to replace standard light bulbs. Landlords may be responsible for replacing particularly expensive light bulbs, or those that are difficult to install.

Tenants are not responsible for replacing light bulbs that stop working due to a maintenance issue, eg, a water leak.

Tenants are responsible for keeping the outdoor areas tidy (s 40(1)(c) RTA). Unless the tenancy agreement says otherwise, this includes mowing lawns and weeding the garden.

The landlord is responsible for more significant maintenance, such as pruning trees and shrubs. They also have a duty to make sure that the property is safe (s 45(1)(c) RTA), which includes removing dangerous trees and plants, and ensuring that trees are not touching power lines.

Tenants can be held responsible for damaging the landlord’s property, which can include damaging or removing lawn, plants and trees, or allowing a pet to do this.

If a tenant does get the landlord’s permission to remove trees and shrubs, they are responsible for tidying up and getting rid of the green waste.

Sometimes the landlord will be happy to mow the lawns and weed the garden, or they will hire a gardener to do it. If this is the case, it’s best if this arrangement is put in writing, preferably in the tenancy agreement at the start of the tenancy. This way, there is a clear record of the expectations.

Landlords don’t need the tenant’s permission before they or their contractors come over to maintain the gardens. However, if the frequency or manner of their visits becomes a problem, this may be a breach of the tenant’s right to quiet enjoyment.

Landlords are responsible for maintenance on the outside of the house, such as painting and cleaning out guttering. Landlords and their agents (eg, tradies) don’t need permission before coming over to do outdoor maintenance.

Tenants are responsible for cleaning outside windows, if they can reach them safely.

Landlords must provide tenants with a house that is free from pests. On the flip side of this, tenants must keep the place reasonably clean and tidy so that pests aren’t attracted to it. If tenants are doing this, then in most cases, it will be the landlord’s responsibility to deal with pests.

Tenants should check for signs of pests (such as holes in walls, or mice droppings) before they start the tenancy, and raise any issues with the landlord as part of the initial property inspection. Under the healthy homes standards, landlords are responsible for closing up gaps and holes in walls, floors, ceilings, etc. The rule has been put in place to stop draughts, but it will also help stop rats and mice getting in.

If the pests were likely to be there before the tenancy began, the landlord is responsible for the cost of getting rid of them. Tenants will be responsible if the pest problem clearly relates to their unclean habits, eg, if they often leave food out on surfaces, or leave bags of rubbish inside.

If pests become a problem during the tenancy, tenants should let the landlord know immediately. Some pests can cause serious damage to a house, and can disturb a tenant’s quiet enjoyment, so it is important that issues are addressed quickly.

Tenants should not fumigate a house without getting the landlord’s permission first, and discussing who will pay. Landlords shouldn’t unreasonably refuse to have the problem fixed (eg, allowing fumigation), because they are responsible for providing a healthy home, free from pests (see s 38(2) RTA, s 45(1)(c) RTA and s 29(c) and (q) Health Act 1956).

If it isn’t clear when the pest problem began, or whether the problem was caused by the tenants’ behaviour, it can be unclear who should pay to fix the problem. Some tenants and landlords will agree to split the bill.

If the pest problem is the landlord’s responsibility but they refuse to deal with it, this is probably a breach of the tenancy agreement See options for resolving disputes.

The landlord has to provide smoke alarms during the whole tenancy (s 48(1)(ca) RTA and regs 5-10 Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016).

Smoke alarms must be positioned in each bedroom, or within 3 metres of the main entrance to the bedroom. Each storey or level of the house must have at least one.

New smoke alarms must be photoelectric and have a long battery life, or be hard-wired. The landlord is responsible for replacing long-life batteries. They can leave older smoke alarms in place if they are still working and have not passed the manufacturer’s expiry date. Tenants are responsible for replacing dead batteries of these older smoke alarms.

Tenants must not damage or disconnect smoke alarms.

There are serious penalties for landlords who don’t provide working smoke alarms.

Asbestos is a substance found in some houses and gardens (eg, fences) built prior to the 1980s. Information on a landlord’s responsibilities regarding asbestos can be found here.