RESIDENTIAL TENANCIES ACT 1987 - SECT 43

RESIDENTIAL TENANCIES ACT 1987 - SECT 43

43 .         Urgent repairs

        (1)         In this section —

        prescribed period , in relation to the carrying out of urgent repairs, means —

            (a)         in relation to repairs necessary for the supply or restoration of a service prescribed as an essential service — 24 hours; or

            (b)         in relation to any other urgent repairs — 48 hours or any prescribed longer period;

        suitable repairer , in relation to urgent repairs, means a person who is suitably qualified, trained or, if necessary under any written law, licensed or otherwise authorised, to undertake the work necessary to carry out the repairs;

        urgent repairs , in relation to residential premises, means repairs to the premises that are necessary —

            (a)         for the supply or restoration of a service prescribed as an essential service; or

            (b)         to avoid —

                  (i)         exposing a person to the risk of injury; or

                  (ii)         exposing property to damage; or

                  (iii)         causing the tenant undue hardship or inconvenience.

        (2)         It is a term of every residential tenancy agreement that if a need for urgent repairs arises otherwise than as a result of a breach of the agreement by the tenant —

            (a)         the tenant is to notify the lessor of the need for those repairs as soon as practicable after the need arises; and

            (b)         the lessor is to ensure that the repairs are carried out by a suitable repairer as soon as practicable after that notification.

        (3)         It is a term of every residential tenancy agreement that if, within the prescribed period after the need for the urgent repairs arises, the tenant is unable to contact the lessor or, having notified the lessor of the need for the repair, the lessor fails to ensure that the repairs are carried out by a suitable repairer as soon as practicable after that notification —

            (a)         the tenant may arrange for the repairs to be carried out by a suitable repairer to the minimum extent necessary to effect those repairs; and

            (b)         the lessor must, as soon as practicable after the repairs are carried out, reimburse the tenant for any reasonable expense incurred by the tenant in arranging for those repairs to be carried out and paying for those repairs.

        [Section 43 inserted: No. 60 of 2011 s. 41; amended: No. 3 of 2019 s. 9.]