When a repair issue arises, the right first question is not simply 'who pays?' It is what failed, how it happened, whether it is fair wear and tear or damage, and what the evidence shows. NSW tenancy rules place repair obligations on landlords while also making tenants responsible for damage they cause or permit.
What is the landlord generally responsible for?
Landlords must provide the property in a reasonably clean and fit-to-live-in condition and maintain it in a reasonable state of repair during the tenancy. What is reasonable takes account of factors including the property's age, the rent paid and its prospective life. Non-urgent repairs needed to meet that obligation are generally for the landlord or agent to arrange.
What is the tenant generally responsible for?
Tenants must keep the property reasonably clean, report damage or disrepair as soon as possible and not cause or permit damage. They are generally responsible for the cost of repairing damage they caused or allowed. NSW Fair Trading also identifies minor routine maintenance such as replacing light bulbs, cleaning windows, dusting and ordinary garden care as tenant responsibilities.
Fair wear and tear is not the same as tenant damage
Ordinary deterioration from age and normal use should not automatically be treated as tenant damage. If evidence instead shows misuse, negligence or damage caused by the tenant or someone they allowed onto the premises, responsibility may be different. Entry condition reports, photographs, maintenance history, tenant reports and, where needed, a tradesperson's assessment are important evidence.
Urgent repairs need prompt action
NSW law specifically identifies urgent repairs such as gas leaks, dangerous electrical faults, burst water services, serious roof leaks, blocked or broken toilets and certain water fixtures that are wasting a substantial amount of water. Tenants should notify the landlord or agent immediately. In an urgent situation, safety, limiting further loss and arranging qualified repair work should come before arguing about final cost responsibility.
How YAY approaches repair responsibility
- Obtain a clear description, photos or video from the tenant and determine whether the issue is urgent.
- Check the entry condition report, maintenance history and relevant correspondence.
- Where needed, have an appropriate tradesperson identify the cause rather than assuming responsibility.
- Distinguish equipment failure, fair wear and tear and maintenance from possible tenant-caused damage.
- Report the evidence, risk, recommended action and expected cost to the landlord, then consider recovery from the tenant only where the facts support it.
Frequently asked questions
If something breaks, does the landlord always have to pay?
Not necessarily. The landlord has an obligation to maintain the property in reasonable repair, but a tenant may be responsible for damage they caused or allowed. The cause and evidence should be established first.
What counts as an urgent repair in NSW?
The statutory list includes gas leaks, dangerous electrical faults, burst water services, serious roof leaks, blocked or broken toilets and certain essential-service failures, among other specified issues.
Can a tenant organise repairs themselves?
Non-urgent repairs generally require the landlord's consent and written agreement about reimbursement. Urgent repairs have separate rules and conditions; the tenant should first make a reasonable attempt to contact the landlord or agent and keep records.
How do you establish tenant-caused damage?
Relevant evidence can include the condition report, entry photographs, maintenance history, current photos or video, correspondence and, where appropriate, a tradesperson's assessment of the cause.
NSW Fair Trading — Landlord responsibilities for repair and maintenance
NSW Fair Trading — Rental property maintenance responsibilities
NSW Fair Trading — Urgent repairs in residential rental properties
NSW Fair Trading — Getting repairs done on a rental property