Getting repairs done

If the landlord gives them permission to do the work, then yes, tenants are allowed to undertake repairs themselves for damage they (or their guests) are responsible for (s 49B(5)). However, it’s usually wiser to get the job done professionally. If it’s not done properly, or to the landlord’s satisfaction, then the tenant may have to pay for the job to be redone.

The Tenancy Tribunal often charges tenants for the cost of a professional redoing repairs, such as holes in walls that have been poorly patched by tenants.

Landlords and tenants often disagree on how quickly landlords should carry out repairs. A general rule is that the more important the work is to the health, safety and comfort of the tenant, the sooner it should be done.

If the repairs relate to security (eg, a broken lock), faults which may have a fire or safety risk, or faults which stop a tenant cooking or cleaning themselves, these should be seen as urgent and undertaken within 24 hours.

The Tenancy Tribunal has said that a landlord may take a “reasonable time” to carry out repairs. Allowing 2-4 weeks is usually appropriate for everyday problems. Tenants may have to be patient, however, if there are legitimate issues that slow down the repair process, such as understanding where the source of a problem is (eg, if a roof is leaking), finding materials, finding a builder, or accessing the property.

If the problem is likely to injure people or property or is otherwise serious and urgent (eg, a burst water pipe), the tenant can contact the landlord to ask them to undertake the repairs urgently. If they have contacted the landlord and the landlord has not replied the tenant can organise to get the repairs done immediately and be compensated by the landlord (s 45(1)(d) RTA. The landlord is also allowed to tell the tenant not to have the repairs carried out, if the landlord has the issue under control. (See for example Tenancy Tribunal Order 4264369 at [55] - [56])

Landlords who don’t do repairs are in breach of the tenancy agreement. See the section on resolving disputes for strategies on what to do when a landlord is in breach.

It’s important that tenants do not do repairs themselves that are not urgent, even if the landlord hasn’t done them after a long period. Instead, the tenant should tell the landlord that they intend to seek a works order from the Tenancy Tribunal to have the work done and then, if the landlord doesn’t act, to actually make an application for this order.

At the start of the tenancy, landlords have to provide the house or flat in a reasonable state of repair (s 45(1)(b) RTA). Landlords often make promises to tenants at the start of a tenancy that various repairs will be carried out. It is a good idea for these to be recorded in writing.

If a landlord or someone under their control intentionally or carelessly damages the tenant's belongings, the tenant can ask the landlord to repair those goods, or to pay the cost of replacement or repair.

If the damage is caused by an accident (eg, if a pipe bursts), the landlord is not liable to pay for any damage to the tenant’s belongings. Tenants may want to consider having contents insurance to cover accidental damage like this.

If a tenant intentionally or carelessly damaged something that was already old and worn, they should pay less than the cost of a brand new replacement. For example, the tenant may admit to carelessly spilling wine on a 10-year old carpet. The landlord was likely to have to replace the carpet in the next few years anyway, so they shouldn’t get the benefit of a brand new carpet paid for in full by the tenant.

The Tenancy Tribunal has said, “The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off.”

To figure out how much should be paid for damaging old or worn things, the age and condition of the items at the start of the tenancy and their likely useful lifespan should be taken into account. See for example, Tenancy Tribunal Order 4266052, 4265562 paragraphs [11]-[20].