Repairs of Rental Properties (NT)

In the Northern Territory, the Residential Tenancies Act 1999 governs repairs to residential tenancy properties. The Act provides a clear framework for landlords and tenants to understand their rights and responsibilities when it comes to rental repairs.

State of repair when commencing a tenancy

A landlord must ensure that a rental property is habitable and meets appropriate health and safety requirements. This means that the premises should be reasonably clean and in a fair state of repair at the start of the tenancy. When a landlord agrees to repair or replace something in a property before the tenant moves in, it should be noted in the tenancy agreement. On the other hand, a tenant might sign a lease waiving their right to have certain repairs made to a premises.

Need for repairs on condition reports NT

The incoming and outgoing condition reports play an important role in establishing the state of repair of a rental property. The landlord needs to provide a tenant with a copy of the signed condition report within three days of the start of the tenancy. In the Northern Territory, this report must be completed in the tenant’s presence, unless this is impractical or the tenant fails to attend. The tenant then has another five business days to return the report with any changes, and the landlord has five business days to take further action on the report. This report is conclusive evidence of the condition of the property at the start of the tenancy. If the landlord does not complete a report at the start of the tenancy, they have no claim at the end of the tenancy against the tenant’s bond or for compensation for cleaning, damage or loss of property.  

Repairs during the tenancy

During the tenancy, the landlord is required to keep the property in a reasonable state of repair, considering all relevant factors. The landlord should also take steps to maintain security devices that are necessary to keep the property secure. Without reasonable excuse, neither the landlord nor the tenant can add, alter or remove a security device without the other party’s consent. The landlord cannot interfere with the tenant’s privacy to make repairs except in accordance with the Act. As such, the landlord can only enter between seven in the morning and nine at night and must provide at least 24 hours’ notice to enter to make repairs. However, the landlord does not have to give notice in an emergency, or if the premises are under significant threat, such as during a house fire.

The tenant also needs to maintain the premises in a reasonably clean condition, and cannot cause damage to the property. A tenant cannot alter the premises without obtaining the landlord’s consent. The tenant must notify the landlord as soon as possible of any damage or if the property requires maintenance or repairs. This notification can be made orally or in writing, but if the landlord requests a written notification, then it does not count until the landlord is informed in writing.

Can tenants arrange repairs to rental properties in NT?

Under some circumstances, a tenant can arrange for repairs without the approval of the landlord and subsequently seek reimbursement from the landlord for the cost. It is important to note that a tenant can only claim back a repair equal to, or less than, two weeks of rent. This amount may be paid directly to the repairer, reimbursed to the tenant, or deducted from the rent. When making a claim, the tenant must notify the landlord of the repair costs and provide appropriate documentation.

A tenant can arrange for a repair without the permission of the landlord if it is necessary to make the rental property habitable or safe, or prevent it from becoming uninhabitable, unsafe or insecure. Before ordering any repair, the tenant must notify a landlord of the requirement for repairs. If the landlord does not act within seven days, the tenant can carry out the repairs subject to conditions. However, it is safest for the tenant to consult with a solicitor to check whether the circumstances warrant the tenant taking the repairs into their own hands.

The tenant can also carry out repairs themselves if the landlord informs the tenant that they have made arrangements for a repair, but does not carry them out within 21 days. In this circumstance, the tenant should try to engage the repairer that the landlord would have engaged. Otherwise, the tenant should obtain quotes from at least two repairers and choose the lowest quotation.

Inspections

The landlord can enter the property to inspect the condition if they give seven days’ notice (a landlord can only conduct this routine inspection every three months). When completing a condition report, a landlord must provide 24 hours of notice to the tenant. The landlord must carry out the inspection in the presence of the tenant unless the tenant waives their right to be present. 

Rent decrease

Sometimes, when a property needs repair, the tenant can negotiate a rent decrease with the landlord to reflect the reduced market value of the rental property. For example, if the second bathroom becomes unusable, it may be possible to negotiate down to the market rate of a one-bathroom property. If the landlord refuses to negotiate, the tenant can apply to the Commissioner for a declaration that the rent is excessive.

Use of security bonds to make repairs

With residential tenancies, a landlord is entitled to ask for a security deposit equal to the amount of four weeks of rent. The landlord holds this bond in trust for the tenant, and it must be paid back in full at the end of the tenancy. However, a landlord is entitled to retain any portion of the bond that is equal to approved deductions for the cost of repairs to damaged property.

The landlord has the right to enter a rental property to make repairs and conduct inspections of the state of repairs. If a tenant tries to prevent a landlord from entering, the landlord can apply to the Commissioner for an order to enforce entry. The team at Go To Court Lawyers can answer any questions you have about making repairs to rental properties in the Northern Territory. Please call 1300 636 846 or book online to arrange a consultation with one of our experienced solicitors.