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Residential Tenancy Act 1997 (No. 82 of 1997)
|Requested: 27 Nov 2015|
|Consolidated as at: 11 Jan 2005|
34. Emergency repairs
(1) [Section 34 Subsection (1) substituted by No. 49 of 2003, s. 14, Applied:25 Aug 2004] If damage occurs to residential premises
(a) the tenant is to notify the owner as soon as practicable of the need to repair the damage; and
(b) the owner is to discharge his or her obligations under section 32(1) as soon as practicable.
(2) If the owner is unable to be contacted or fails to arrange for the carrying out of any repairs and the damage is likely to result in further damage to, or deterioration of, the premises, the tenant may authorise one of the following to repair the damage:
(a) a nominated repairer;
(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 is required to prevent further damage or deterioration of the premises.
(4) The costs of 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) [Section 34 Subsection (4A) inserted by No. 67 of 2003, s. 14, Applied:05 Mar 2004] If the owner arranges for the carrying out of any emergency repair after being notified of the need for repair, the owner is to ensure that the repair is carried out as soon as practicable.
(5) [Section 34 Subsection (5) inserted by No. 49 of 2003, s. 14, Applied:25 Aug 2004] Subsections (2), (3) and (4) do not apply to boarding premises.