Western Australia Landlord Maintenance Obligations

Western Australia imposes clear and enforceable maintenance obligations on landlords. The Residential Tenancies Act 1987 (WA), which commenced on 1 October 1989, requires that all rental properties be maintained in a reasonable state of repair and be fit for human habitation. The Act outlines processes for addressing urgent and non-urgent repairs.

Landlord Obligations Landlords in Western Australia must:

1. Provide a property fit for habitation at the start of the tenancy.
2. Maintain the property in a reasonable state of repair throughout the tenancy.
3. Respond to repair requests within a reasonable time, or as soon as practicable for urgent issues.
4. Comply with health and safety laws, including building codes and local government requirements.

This includes maintaining:

• Structural integrity (walls, roof, floors, foundations)
• Weatherproofing and waterproofing
• Plumbing, gas, and sanitation
• Electrical wiring and systems
• Hot water systems
• Provided appliances (ovens, heaters, air conditioning)
• Smoke alarms (hardwired where required)
• Locks on doors and windows

Repair Categories

The Act distinguishes between urgent and non-urgent repairs:

• Urgent Repairs: Issues that are necessary to supply or restore an essential service, or to avoid exposing a person to risk of injury, exposing property to damage, or causing the premises to be unfit for human habitation. Landlords must act as soon as practicable.
• Non-Urgent Repairs: Routine maintenance issues like dripping taps, broken window latches, or minor plumbing. These must be addressed within a reasonable time.

Tenant's Right to Arrange Urgent Repairs

If a tenant is unable to contact the landlord after making reasonable attempts, or if the landlord fails to act as soon as practicable after being notified, the tenant has the legal right to:

1. Arrange for a suitably qualified and licensed tradesperson to carry out the urgent repair to a minimum standard.
2. Seek reimbursement from the landlord for the reasonable cost of the repair.

To protect themselves, tenants should:

• Keep written records of all communication with the landlord about the issue.
• Retain all receipts and invoices from the tradesperson.
• Ensure only the minimum necessary repair is carried out.

Important: A landlord cannot refuse to pay for urgent repairs even if the tenant has unpaid rent.

Non-Urgent Repair Process

For non-urgent repairs that a landlord fails to address within a reasonable time:

1. The tenant can issue a formal breach notice under the Act.
2. If the landlord still does not act, the tenant can apply to the Magistrates Court for an order requiring the landlord to make the repairs.
3. The court may also grant a rent reduction or compensation for any loss or inconvenience caused by the landlord's failure to repair.

Tenant Responsibilities Tenants must also maintain the property responsibly:

• Keep the property reasonably clean and tidy.
• Report maintenance issues to the landlord promptly in writing.
• Not intentionally or negligently cause damage.
• Provide reasonable access for the landlord or tradespeople to carry out repairs (with appropriate notice).

If damage is caused by the tenant, their guests, or their pets, the tenant is responsible for the cost of repair.

Best Practices for WA Landlords

1. Respond immediately to urgent repairs: Address essential services and safety risks as soon as practicable to prevent tenants from arranging their own repairs. Arrange a reliable network of after-hours tradespeople.
2. Keep a maintenance log: Document every repair request, your response time, and the outcome.
3. Schedule regular inspections: Conduct routine inspections (with at least 7-14 days' notice) to identify potential issues before they become urgent.
4. Budget for maintenance: Set aside funds annually for both planned and emergency repairs.

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