What to Do When Your Landlord Won't Make Repairs (2026)
Last updated: March 2026 | Reading time: 10 min | Pillar: Repair Rights
This information is general in nature and does not constitute legal advice. For advice about your specific situation, contact a tenancy advocate or solicitor in your state.
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A leaking roof. A broken heater in winter. A mouldy bathroom that's making your kids sick. You've told your landlord — maybe once, maybe five times — and nothing happens.
You're not powerless. Australian tenancy law gives renters clear rights to repairs, defined processes for escalating ignored issues, and access to tribunals that can order landlords to act. This guide covers exactly what to do when your landlord won't fix things — including state-by-state processes, formal notice templates, emergency repair rights, and when you can claim compensation.
Know your rights. Track your repairs. Get results.
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Quick Answer
If your landlord won't make repairs: (1) report the issue in writing with photos, (2) follow up formally if ignored, (3) issue a breach notice, (4) apply to your state tribunal for a repair order. For urgent repairs affecting health or safety, you may be able to arrange the repair yourself and claim the cost back — up to the limit set by your state.
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Quick Reference: Repairs at a Glance
| Category | Definition | Examples | Landlord Response Time | |----------|------------|----------|------------------------| | Urgent/Emergency | Affects health, safety, or makes property uninhabitable | Burst pipes, gas leaks, broken locks, no heating in winter, severe roof leak | 24 hours (most states) | | Non-Urgent/Routine | Inconvenient but not immediately dangerous | Dripping tap, broken dishwasher, cracked tile, peeling paint | "Reasonable time" — usually 14–28 days |
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Why Landlords Delay Repairs (And Why It Doesn't Matter)
Landlords delay repairs for three main reasons:
1. Cost avoidance — they don't want to spend money 2. Ignorance of obligations — some landlords genuinely don't know they're legally required to maintain the property 3. Slow communication — property managers may not be passing your requests to the owner
None of these are valid excuses. In every Australian state and territory, landlords have a legal obligation to maintain the property in a reasonable state of repair. This isn't optional — it's a condition of the lease.
The escalation path is clear in every state: written request → formal breach notice → tribunal application. This guide walks you through each step.
💡 RentWize Tip: Log every repair request and track responses in one place. RentWize creates a timestamped record that's invaluable if you need to go to tribunal. [Get started free →](https://rentwize.com.au/signup)
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Step 1 — Report the Repair in Writing (Every Time)
Your first step — and the most important — is to create a paper trail.
### Why Verbal Requests Aren't Enough
Verbal requests are hard to prove. If you later need to go to tribunal, "I told them about it" without documentation is weak evidence. Always follow up verbal conversations with an email or written message.
### Repair Request Email Template
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Subject: Repair Request — [Brief Description] — [Property Address]
Dear [Property Manager's Name],
I'm writing to request a repair at [property address].
Issue: [Describe the problem — what's broken, how long it's been an issue, and how it affects you]
Urgency: [Urgent / Non-urgent]
Date first reported: [If you've mentioned it before, reference the date and method]
Photos: [Attached / Available on request]
I'd appreciate if this could be addressed within [reasonable timeframe — e.g., "48 hours" for urgent, "14 days" for non-urgent].
Please let me know when a repairer will be scheduled.
Kind regards, [Your Full Name] [Your Contact Number] [Your Address]
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Keep copies of every repair request — email screenshots, text messages, portal submissions. Store them in [RentWize](https://rentwize.com.au) for easy retrieval if disputes escalate.
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Step 2 — Understand What Counts as Urgent vs Non-Urgent
This matters because the response timelines and your rights differ significantly.
### Urgent Repairs by State
| State | Urgent Repair Definition | Response Time | Emergency Repair Limit | |-------|--------------------------|---------------|------------------------| | NSW | Broken hot water, gas leaks, flooding, fire damage, no locks, no electricity | As soon as necessary | Up to $1,000 | | VIC | Burst pipes, gas leaks, flooding, fire, broken locks, no heating/cooling (if provided) | As soon as necessary | Up to $2,500 | | QLD | Affects health/safety/security, makes property uninhabitable | As soon as necessary | Up to 4 weeks' rent | | WA | Gas leaks, burst pipes, no water/sewage, broken locks, fire damage | As soon as necessary | Up to $500 | | SA | Broken hot water, gas leaks, flooding, fire, no locks, broken toilet (if only one) | As soon as necessary | Up to $2,500 | | TAS | Gas leaks, burst pipes, flooding, fire, broken locks, no electricity/water | As soon as necessary | Up to $1,000 | | ACT | Gas leaks, flooding, fire, broken locks, no essential services | As soon as necessary | Up to 4 weeks' rent | | NT | Affects health/safety, makes property uninhabitable | As soon as necessary | Reasonable amount |
### Non-Urgent Repairs
Everything else — dripping taps, peeling paint, worn carpet, faulty appliances (if not essential), cracked tiles, minor leaks — falls into the non-urgent category. Landlords have a "reasonable time" to address these, generally interpreted as 14–28 days depending on the issue.
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Step 3 — Issue a Formal Breach Notice
If your repair request has been ignored for longer than the required timeframe, it's time to escalate.
### Breach Notice Template
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Subject: Formal Breach Notice — Failure to Repair — [Property Address]
Dear [Property Manager's Name],
I am writing to formally notify you that you are in breach of your obligations under the [relevant Act for your state] by failing to carry out the following repair(s):
Repair required: [Description] Date first reported: [Date] Method of reporting: [Email/text/portal — attach evidence] Statutory deadline: [Date — based on your state's timeframe]
This repair has not been completed within the required timeframe. I formally request that the repair be completed within 14 days of this notice.
If the repair is not completed within this period, I will apply to [your state's tribunal] for a repair order and/or compensation.
Kind regards, [Your Full Name] [Your Contact Number] [Your Address]
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Step 4 — Emergency Repairs: When You Can Act Yourself
If a repair is urgent and your landlord is unreachable or refuses to act, most states allow you to arrange the repair yourself and claim the cost back — up to a limit.
### How to Do It Legally
1. Try to contact your landlord first — call, text, and email. Document every attempt. 2. If unreachable or they refuse — arrange the repair with a licensed tradesperson 3. Keep all receipts and invoices 4. Send the invoice to your landlord with a written request for reimbursement 5. If they refuse to reimburse — apply to your state tribunal
Important: Only do this for genuine urgent repairs. Using this process for non-urgent repairs can backfire.
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Step 5 — Apply to Your State Tribunal
If your landlord still hasn't acted after a formal breach notice, apply to your state tribunal for a repair order.
| State | Tribunal | How to Apply | Typical Fee | |-------|----------|--------------|-------------| | NSW | NCAT | ncat.nsw.gov.au | ~$53 | | VIC | VCAT | vcat.vic.gov.au | ~$65 | | QLD | QCAT (after RTA conciliation) | rta.qld.gov.au | ~$75 | | SA | SACAT | sacat.sa.gov.au | ~$58 | | WA | Magistrates Court | magistratescourt.wa.gov.au | ~$85 | | TAS | Residential Tenancy Commissioner | cbos.tas.gov.au | Minimal | | ACT | ACAT | acat.act.gov.au | ~$70 | | NT | NTCAT | nt.gov.au | Minimal |
### What to Bring to Tribunal
- All written repair requests (emails, texts, portal submissions)
- Photos and videos of the issue (timestamped)
- Your breach notice and any landlord responses
- Evidence of how the issue has affected you (medical certificates if health-related)
- Your lease agreement
💡 RentWize Tip: RentWize's Tribunal Bundle Export compiles all your evidence into a single, professionally formatted document — ready to submit to NCAT, VCAT, QCAT, or any other tribunal. [Build your tribunal bundle →](https://rentwize.com.au)
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Can You Withhold Rent?
No. In Australia, withholding rent is not a legal remedy for unresolved repairs — even if your landlord is clearly in breach. Withholding rent can result in a termination notice being issued against you.
Your legal remedies are: formal breach notice, tribunal application, and (for urgent repairs) self-help repair with reimbursement claim.
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Compensation for Unresolved Repairs
If an unresolved repair has caused you loss — for example, you had to stay in a hotel because the property was uninhabitable, or you suffered health impacts from mould — you may be entitled to compensation in addition to a repair order.
Document everything: medical certificates, hotel receipts, any costs you incurred as a direct result of the landlord's failure to repair.
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Mould: A Special Case
Mould is one of the most common and most contested repair issues in Australian rentals. Here's what you need to know:
- Landlord's responsibility: Fix the underlying cause (leaks, poor ventilation, structural issues)
- Tenant's responsibility: Ventilate the property properly, report mould promptly, clean surface mould caused by condensation
- Health risk: If mould is affecting your health, document it with medical evidence — this strengthens a tribunal claim significantly
- Evidence: Photograph mould with a ruler for scale, and photograph the source (e.g., the leaking window causing it)
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Frequently Asked Questions
Q: How long does my landlord have to fix a broken heater in winter? A: In most states, a broken heater in winter qualifies as an urgent repair (it affects habitability). Your landlord should respond within 24 hours. In VIC, heating is explicitly listed as an urgent repair item.
Q: My landlord says the damage is my fault. What do I do? A: Dispute it in writing with evidence. If you have photos from your entry condition report showing the issue pre-existed your tenancy, use them. If the issue developed during your tenancy through no fault of yours (e.g., a roof leak), document that clearly.
Q: Can I be evicted for requesting repairs? A: Retaliatory eviction — terminating a tenancy because a tenant exercised their legal rights — is prohibited in most Australian states. If you believe you're being evicted in retaliation for a repair request, contact your state's tenancy authority immediately.
Q: What if my property manager says they've "passed it on" to the owner but nothing happens? A: Your legal relationship is with the landlord, and the property manager acts as their agent. The landlord is responsible for the property manager's actions (or inactions). Continue escalating through formal channels.
Q: Can I claim compensation for mould-related health issues? A: Yes, if you can demonstrate the mould was caused by the landlord's failure to maintain the property and that it caused you measurable harm. Medical evidence is essential.
Q: What's the difference between a repair order and compensation? A: A repair order requires the landlord to fix the issue. Compensation is a payment to you for losses you've suffered as a result of the unresolved repair. You can apply for both at the same time.
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Related Articles
- [How to Get Your Bond Back: The Complete Guide →](/how-to-get-bond-back)
- [Can Your Landlord Increase Rent? Rules by State →](/can-landlord-increase-rent-australia)
- [How to Negotiate Your Rent Down →](/negotiate-rent-down)
- [Tenant Rights in Your State →](/tenant-rights-australia)
- [How to Handle a Rental Bond Dispute →](/how-to-handle-bond-dispute)
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The App Your Landlord Doesn't Want You to Have.
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RentWize, Live Wiser.
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This information is general in nature and does not constitute legal advice. Tenancy laws vary by state and are subject to change. For advice about your specific situation, contact a tenancy advocate or solicitor in your state.
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