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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  3 Sep 2014
Consolidated as at:  11 Jan 2005

Division 4 - Repairs

32. General repairs and maintenance

      (1) The owner of residential premises is to maintain the premises as nearly as possible in the condition, apart from reasonable wear and tear, that existed on the day on which the residential tenancy agreement was entered into.

      (2) The tenant is to notify the owner of any repairs needed in respect of the premises within 7 days of the need arising.

      (3) [Section 32 Subsection (3) substituted by No. 49 of 2003, s. 12, Applied:25 Aug 2004] The owner is to carry out any repairs specified in the notice that do not arise from any fault of the tenant –

(a) in the case of boarding premises, within 7 days; or

(b) in any other case, within 28 days –

after receipt of the notice.

      (4) [Section 32 Subsection (4) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] [Section 32 Subsection (4) omitted by No. 67 of 2003, s. 12, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

33. Urgent repairs

      (1) [Section 33 Subsection (1) substituted by No. 49 of 2003, s. 13, Applied:25 Aug 2004] If an essential service ceases to function –

(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) [Section 33 Subsection (4A) inserted by No. 67 of 2003, s. 13, Applied:05 Mar 2004] 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) [Section 33 Subsection (5) inserted by No. 49 of 2003, s. 13, Applied:25 Aug 2004] Subsections (2), (3) and (4) do not apply to boarding premises.

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.

35. Reimbursement of cost of repairs

      (1) If a suitable repairer carried out repairs under section 33 or 34, the tenant is to give the owner the following documents:

(a) a statement from the repairer as to the apparent cause of the need for repair;

(b) a copy of the statement of account;

(c) a receipt of payment of the account.

      (2) The owner is to reimburse the tenant with the amount of the payment made by the tenant within 14 days after receiving the documents unless the owner makes an application under section 36.

      (3) [Section 35 Subsection (3) inserted by No. 49 of 2003, s. 15, Applied:25 Aug 2004] This section does not apply to boarding premises.

36. Disputing liability to reimburse

      (1) [Section 36 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] If the owner disputes the liability to reimburse the tenant for repairs carried out under section 33 or 34 the owner may apply to the Court to determine the liability.

      (2) An application is to be made within 14 days after receiving the documents under section 35.

      (3) The only grounds on which liability may be disputed are as follows:

(a) that the owner was not notified of the need for repair;

(b) that the need for repair arose as a result of –

(i) the fault of the tenant; or

(ii) a non-compliance of a provision of the residential tenancy agreement;

(c) that the tenant gave an authorisation to carry out repairs within the 24 hour period referred to in section 33(2) and the repairs were carried out in that period.

      (4) [Section 36 Subsection (4) substituted by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] The Court may order that the owner –

(a) reimburse the tenant for the full amount or part of the amount as the Court considers appropriate; or

(b) is not liable to reimburse the tenant for any of the amount.

      (5) [Section 36 Subsection (5) inserted by No. 49 of 2003, s. 16, Applied:25 Aug 2004] This section does not apply to boarding premises.

36A. Order for repairs

[Section 36A Inserted by No. 67 of 2003, s. 15, Applied:05 Mar 2004] A tenant may apply to the Court for an order that the owner carry out any reasonable repairs under this Division that do not arise from any fault of the tenant.



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