Who is responsible for repairs and maintenance in a rental property?
As an investor you need to be comfortable with the fact things need fixing or replacement, and you will need to budget accordingly.
Repairs that are proven to be the fault of the tenant are of course at the tenant’s expense. However, there are two types of repairs and maintenance in a rental property as described in legislation that are entirely a landlord’s responsibility: urgent repairs and routine repairs.
Urgent Repairs
Urgent repairs require immediate action by both the managing agent and the landlord, and include:
- A burst water service or a serious water service leak.
- A blocked or broken lavatory service.
- A serious roof leak.
- A gas leak.
- A dangerous electrical fault.
- Flooding or serious flood damage.
- Serious storm, fire or impact damage.
- A failure or breakdown of the gas, electricity or water supply to the property.
- A failure or breakdown of an essential service or hot water, cooking or heating appliance.
- A fault or damage that makes the property unsafe or insecure.
- A fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the property.
- A serious fault in a staircase, lift or other common area or premises that unduly inconveniences a resident in gaining access to, or using, the property.
Failing to attend to urgent repairs in the appropriate time as deemed by legislation can result in significant compensation being awarded to the tenant in court that may well exceed the cost of the repairs. It is always wise to budget for things going wrong and act fast if they do. Otherwise it may cost you above and beyond what the repair would have cost alone.
Routine Repairs
All other repairs apart from those above are considered by legislation to be routine repairs.These may include anything from loose fixtures or fittings to faulty airconditioners or garage remotes.These kind of repairs should not be ignored as there have been numerous cases of compensation awarded to tenants in court for amenities that were included in their lease that were proven to be faulty during a tenancy.
Key Takeaways
Investors should not bury their head in the sand when it comes to repairs and maintenance. Depending on the type of repair, tenants may be permitted under legislation to arrange for repairs to be carried out and the costs to be invoiced back to you as the property owner.
There have also been numerous cases in tribunals where tenants have been awarded considerable compensation for the loss of certain amenities so delaying or neglecting repairs and maintenance at your investment property can be costly.
