The relationship between landlords and tenants can be hectic, especially when it comes to repairs and maintenance of properties.
Landlords owe a duty of care to their tenants, just as tenants must be careful not to damage the premises willfully or negligently. Thus, the responsibilities are ultimately shared.
According to the 2017 Australian Rental Market Report, 21% of all problems experienced by renters are plumbing related, so this is definitely an area that deserves extra attention.
But, before you start blaming a tenant for a burst pipe or clogged drain, take a closer look at your residential rental agreement, which should outline the responsibilities of both parties.
If your agreement is vague on plumbing repairs, it is best to seek additional information from your state's governing body or local rental law. We've also summarized the essentials below.
Owner's responsibilities for plumbing
According to the Government of South Australia, it is the owner's responsibility to ensure that the property and its amenities are in reasonable working condition at all times. This includes the plumbing. So, clogged toilets, leaky faucets, and hot water failures all need to be fixed. This is even the case if a tenant was aware of a problem before moving in.
Reasonable condition of amenities is based on the age of the property and the price of the rent paid by the tenant.
A landlord is not obligated to provide repairs for non-essential amenities if this is clearly stated in the rental agreement. A failed gas heater, for example, can remain inoperative as long as the house has other suitable heating options.
Be careful with the essentials, as failure to make plumbing repairs can result in a home being registered as substandard as stated in the 2017 Law on housing improvement regulations.
When it is time to make repairs, a landlord must give the tenant at least 48 hours' notice before entering the property, unless it is to deal with an emergency.
Emergency plumbing repairs can include broken pipes and severe water leaks, clogged toilets, gas leaks, hot water system repairs, serious roof leaks, flooding and extensive weather damage.
Non-emergency repairs include small leaks and slow-draining sinks.
A licensed professional must complete the plumbing work. An owner cannot seek to do trade work himself or hire a handyman to reduce repair costs.
Failure to repair a plumbing problem within a reasonable time may violate the terms of the rental agreement and result in the property being classified as substandard.
It is always a good idea to add any repairs made during the rental to the condition report so that both parties have an up-to-date record of when it is time to end the rental. lease and return the deposit.
Tenant's plumbing responsibilities
Maintenance responsibilities are shared, so it is up to the tenant to ensure all plumbing and equipment is kept clean and well treated.
While the landlord manages the repairs, the tenant must cover the costs if the damage is caused intentionally or negligently.
Thus, kitchen sink blockages caused by leftover food or bathroom blockages caused by thrown hair are the responsibility of the tenant, as are toilet blockages caused by items that should not be rinsed – tampons, condoms, chewing gum, children's toys, etc.
If a repair is urgent, a tenant should make every effort to report it immediately to the real estate agent or owner of a private rental.
Hopefully the real estate agent or owner provides a list of authorized contacts to deal with emergencies including plumbing repairs.
NSW Fair Trading states that renters' options include arranging for their own qualified plumber to perform emergency repairs if the agent or landlord cannot be reached. This is also acceptable if the reported repairs are not completed within a reasonable time.
The emergency repair limit would be $ 1,000. Providing the receipt to the appropriate party may allow them to reimburse the costs, but they are not required to pay more than $ 1,000 without prior approval.
A tenant cannot make the repairs themselves to save time or money, and this is not an acceptable excuse to reduce or stop rent payments. If a tenant stops paying rent, they break the lease, which could result in termination of the contract.
A tenant must also seek the consent of the landlord in writing before undertaking non-urgent repairs or making cosmetic changes to the home or property.
So when it comes to repairing the plumbing in a rental property, it is the landlord's responsibility to ensure that the plumbing is in good working order for the duration. of the lease. After that, it is the tenant's responsibility to take care of the equipment and report any faults as soon as possible.
This article has been supplied by Book a Plumber Online
