Christmas Day storms around Melbourne have left some renters and landlords with questions about who pays for cleaning and repairs, and how quickly damage will be fixed.
If you are a tenant whose home has been destroyed or left unfit to live in, you can give the landlord or agent notice to end your lease immediately. Under these circumstances, you only have to pay rent up until the day the premises became unfit to live in.
If you can still live in the property but repairs are needed, the extent of the damage will determine if the repairs are urgent.
Landlords have up to 14 days to get minor damage fixed, but must respond immediately to requests for urgent repairs, including:
- flood damage
- a burst water service or blocked or broken toilet system
- a serious roof leak
- a gas leak or dangerous electrical fault
- serious storm or fire damage
- failure or breakdown of any essential service or appliance provided by a landlord or agent for hot water, water, cooking, heating or laundry
- any fault or damage that makes the premises unsafe or insecure
- an appliance, fitting or fixture that is not working properly and causes a substantial waste of water
- a serious fault in a lift or staircase.
Landlords should communicate clearly with tenants about when repairs will be done.
Tenants may claim reduced rent while damage is being repaired, and should first negotiate this with the landlord. If no agreement can be reached, the tenant may apply to the Victorian Civil and Administrative Tribunal for an order to have their rent reduced.
As many properties in storm-affected areas may need repairs, there could be delays in hiring tradespeople.
If utilities or services (such as water, gas, electricity and telephone) have been cut off, tenants and landlords can find out when the service will be restored by contacting the relevant authority.
But if property damage has caused a utility to be cut off, the landlord is responsible for repairing the damage before the utility can be restored.
Cleaning and clearing of debris around the garden and outside the property is also the landlord’s responsibility; but tenants should first contact local authorities, such as the emergency services, who may already have a clearing program arranged.
For information on urgent and non-urgent repairs, view our Renting standards, repairs and entry rights section.
For further information, view our Advice in a disaster – renting page or call 1300 55 81 81.