New South Wales Consolidated Acts

RESIDENTIAL PARKS ACT 1998 - SECT 28

28 Urgent repairs

(cf RT Act s 28)

(1) It is a term of every residential tenancy agreement that the park owner must, not later than 14 days after receiving a written notice from the resident, reimburse the resident for any reasonable costs (up to but not exceeding, in each case, $500 or such other amount as may be prescribed by the regulations) incurred by the resident in making urgent repairs to the residential premises, where:

(a) the state of disrepair arose otherwise than as a result of a breach of the agreement by the resident, and

(b) the resident has given or has made a reasonable attempt to give the park owner notice of the state of disrepair, and

(c) if notice has been given, the resident has given the park owner a reasonable opportunity to make the repairs, and

(d) if the park owner has, in the agreement, nominated a licensed or otherwise properly qualified person or persons to carry out repairs of the kind concerned, the resident has made a reasonable attempt to arrange for that person or one of those persons to carry out the repairs, and

(e) the repairs were carried out, where appropriate, by licensed or otherwise properly qualified persons, and

(f) the resident has, as soon as practicable, given or has made a reasonable attempt to give the park owner a written notice specifying details of the repairs and their cost, together with all receipts or copies of receipts for costs paid by the resident.

(2) In this section:
"residential premises" includes everything provided with the premises, for use by the resident, under the residential tenancy agreement.
"urgent repairs" means any work needed to repair any one or more of the following:

(a) a burst water service,

(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 or fire damage,

(h) a failure or breakdown of the gas, electricity or water supply to the residential premises,

(i) a failure or breakdown of any essential service provided with the residential premises for hot water, cooking, heating or laundering,

(j) any fault or damage that causes the residential premises to be unsafe or insecure,

(k) any other damage prescribed by the regulations,

but does not include work needed to repair premises not owned by the park owner or a person having superior title to that of the park owner.

(3) Nothing in this section prevents a resident, with the consent of the park owner, from:

(a) making repairs to the residential premises, and

(b) being reimbursed for the costs of those repairs.