Meaning of emergency and routine repairs
(1) Emergency repairs are works needed to repair any of the following –
(a) a burst water service or serious water service leak;
(b) a blocked or broken lavatory system;
(c) a serious roof leak;
(d) a gas leak;
(e) a dangerous electrical fault;
(f) flooding or serious flood damage;
(g) serious storm, fire or impact damage;
(h) a failure or breakdown of the gas, electricity or water supply to the premises;
(i) a failure or breakdown of an essential service or appliance on the premises for hot water, cooking or heating;
(j) a fault or damage that makes the premises unsafe or insecure;
(k) a fault or damage likely to injure a person, damage property or unduly inconvenience a resident of the premises;
(l) a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a resident in gaining access to, or using, the premises.
(2) Routine repairs are repairs other than emergency repairs.
Nominated repairer for emergency repairs
- The lessor’s nominated repairer for emergency repairs of a particular type may be stated either –
(a) in this agreement for item 18, or (b) in a notice given by the lessor to the tenant. - The nominated repairer is the tenant’s first point of contact
Notice of damage
- If the tenant knows the premises have been damaged, the tenant must give notice as soon as practicable of the damage.
- If the premises need routine repairs, the notice must be given to the lessor. If the premises need emergency repairs, the notice must be given to
(a) the nominated repairer for the repairs, or (b) if there is no nominated repairer for the repairs or the repairer can not be contacted- the lessor.
Emergency repairs arranged by tenant
- The tenant may arrange for a suitably qualified person to make emergency repairs or apply to the tribunal under section 221 for orders about the repairs if –
(a) the tenant has been unable to notify the lessor or nominated repairer of the need for emergency repairs of the premises, or (b) the repairs are not made within a reasonable time after notice is given. - The maximum amount that may be incurred for emergency repairs arranged to be made by the tenant is an amount equal to the amount payable under this agreement for 2 weeks rent. Note – For how the tenant may require reimbursement for the repairs, see sections 219(2) and (3) and 220 and the information statement.