(a) the tenant is to notify the owner as soon as practicable of the need for
urgent repair; and
(b) the owner is to carry out the necessary repairs, or otherwise cause the
essential service to be restored, as soon as practicable after that
notification.
(2) If the owner is unable to be contacted or fails to arrange for the
carrying out of any urgent repair that does not arise from any fault of the
tenant within 24 hours after being notified, the tenant may authorise one of
the following to carry out the repair:
(a) a nominated repairer; or
(b) if there is not a nominated repairer, a suitable repairer.
(3) Any repairs under subsection (2) are to be carried out only to
the extent that the essential service becomes functional.
(4) The costs of any repairs carried out under subsection (2) are
to be paid by –
(a) the owner, if carried out by a nominated repairer; or
(b) the tenant, if carried out by a suitable repairer.
(4A) If the owner arranges for the carrying out of any urgent repair
within 24 hours after being notified, the owner is to ensure that the repair
is carried out as soon as practicable.
(5) Subsections (2) , (3) and (4) do not apply to boarding premises.
(6) In this section, an essential service is to be taken to be
functional –
(a) where the service is a water service or a sewerage service, if at least
the amount of water or sewage that would be supplied or removed, respectively,
from the premises, if the service were fully functional, is capable of being
safely so supplied or removed; and
(b) where the service is an electricity service, if –
(i) all power points, or wires between the walls of the premises or in the
ceiling of the premises are safe and, except in relation to those power points
or wires indicated in the condition report prepared at the beginning of the
tenancy as not being functioning power points or functioning wires, supply
electricity to the premises; and
(ii) where the service consists of an electricity-generating
device – the device safely produces and supplies electricity to at
least the level that such a device of the same capacity ought reasonably be
expected to produce and supply; and
(c) where the service is a heating service, if the service safely provides
heat to the level that it was reasonably capable of providing when it was
manufactured; and
(d) where the service is a cooking stove, if at least half of the heating
elements of the stove, and the oven, function safely; and
(e) where the service is a hot-water service, if the service safely provides
at least the same amount of hot water, and water at the same temperature, as
the service provided when it was manufactured; and
(f) where the service is a service that is within the meaning of
paragraph (c) of the definition of essential service in
section 3 , if all water on the premises required to be removed or
treated is able to be safely removed, or safely treated, within the period
that such a service would be able to remove or treat the water if the service
were fully functioning.
(7) An essential service ceases to function if the service is not, under
subsection (6) , taken to be functional.
