Repairs and maintenance

When you rent a place to live, the lessor, agent or provider must ensure the place is fit for you to live in and is in good repair. The Residential Tenancies and Rooming Accommodation Act 2008 (‘the Act’) describes the rights and responsibilities of lessors, agents, providers and tenants in relation to repairs and maintenance and the steps you can take to resolve a dispute.

Lessor responsibilities

The lessor or provider is responsible for the repair and maintenance of the premises, including common areas or shared facilities.

When you move in, the lessor, agent or provider must ensure the place is in good repair, is clean, fit for you to live in, is reasonably secure and complies with laws relating to health and safety.  From 1 September 2023 Minimum Housing Standards will apply to new tenancies and for all tenancies from 1 September 2024.

You and the lessor, agent or provider must use an Entry Condition Report form to record the condition of the premises at the start of your tenancy. This is only required in rooming accommodation if a bond has been charged.

During the agreement, the lessor or provider must keep the premises and any common areas in good repair, maintain the premises so they are fit for you to live in, ensure the premises are secure, and must comply with any laws relating to health and safety.

Your responsibilities

You are responsible for keeping the premises clean having regard to their condition at the start of the agreement.

You must promptly report any repairs or maintenance to the lessor, agent or provider who must carry out the repairs within a reasonable time (if damage was caused by an act of domestic violence experienced by a tenant see our If Violence Affects Your Tenancy Factsheet). You must not make changes or add fixtures to the premises without written permission.

You and your guests must not maliciously damage the premises, facilities or common areas. You can be held responsible for the cost of damage caused by you, your guests or your pets (see our Pets in Rental Properties Factsheet).
When you move out, you must leave the premises in a clean condition, similar to the condition when you moved in. You are not responsible for reasonable wear and tear during your tenancy.

Repairs on entry

When you move in, you may notice items that require repair. You can record this on the Entry Condition Report. Making a note on the Entry Condition Report that items are not working and need repair does not automatically mean they will be fixed, you still need to ask the lessor, agent or provider to do the repairs.

Remember that the lessor, agent or provider is responsible for organising and completing repairs. It is your right to ask for repairs to be done.

Before you sign the agreement, if the lessor, agent or provider has agreed to do repairs or improve facilities write this down as a special term in the agreement. If the lessor, agent or provider doesn’t carry out the agreed repairs or improvements this is a breach of the agreement. You can then follow the breach process described in Requesting Repairs, below.

Solving disputes

During your agreement the lessor or provider is responsible for repairs and general maintenance of the premises and must ensure the place is reasonably secure. To request repairs, talk to the lessor, agent or provider or make a written request. You can give the lessor, agent or provider a Notice to Remedy Breach if they fail to complete the repairs in a reasonable timeframe. Keep a copy as evidence of your request. If repairs are not done in a reasonable time you can also apply to the RTA Dispute Resolution Service. If the RTA cannot help you reach an agreement you can apply to the Tribunal for a hearing.

If the repair is defined as an emergency repair in the Act, you can apply directly to the Tribunal for an urgent hearing about repairs or in certain circumstances carry out the repairs yourself.

Entry condition report

When you move in, you must record the condition of the property on the Entry Condition Report. This is only required in rooming accommodation if a bond has been charged.

The lessor, agent or provider must complete an Entry Condition Report and give you a copy on or before the day you are entitled to move in. You have seven days, from the day you are entitled to move in, to inspect the premises and write your comments on the form. You must sign the form, and return a copy to the lessor, agent or provider.

Make sure you keep a copy for your records. The lessor, agent or provider, must also make a copy of the report and return it to you within 14 days.

The Entry Condition Report provides important evidence about the condition of the property when you move in. Take time to inspect the premises carefully. Check that items are working before you say they are. Note the condition of any carpet, floors, curtains, blinds, walls, windows, and the standard of any lawn or garden area. You should take photos as additional evidence.

If you disagree with anything the lessor, agent or provider has written on the Entry Condition Report, you can add your own comments in the column headed ‘Tenant’ or ‘Resident’. If you don’t have enough room, write your comments on a separate piece of paper. Sign and date each page and attach them to the form.

Your lessor, agent or provider must keep a copy of the Entry Condition Report for at least one year after the tenancy ends. If the lessor or agent fail to provide you with an Entry Condition Report, you can download and complete a form yourself. The form is available from the RTA website.

Exit condition report

When you move out, you are responsible for leaving the property in a similar condition to when you moved in (except for reasonable wear and tear).

You should use an Exit Condition Report to record the condition of the premises when you leave. (This does not apply in rooming accommodation but is useful.). You must complete and sign the form and provide a copy to the lessor or agent as soon as practicable after you move out. It is a good idea to take photos as additional evidence of the condition of the property. You must also return the keys as soon as possible when you move out.

When you give the lessor or agent a copy of the Exit Condition Report they have three business days to inspect the premises, add their comments and send you a copy of the completed form at the forwarding address you included on the form.

Keep a copy of the Exit Condition Report for your records. Your completed Exit Condition Report and photos of the premises provide important evidence if there is a dispute over the refund of your rental bond.

At the end of your tenancy you can use a Refund of Rental Bond form to apply to the RTA for a refund of your bond or you can request a bond refund online through the RTA website. Before you can do this you will need to create a QGov account.

For more information see the Rental Bonds Factsheet.

Locks & keys

In residential tenancies, if there is only one tenant, you must be given a key for each lock at the property. If there is more than one tenant, you must be given one full set of keys (e.g. for internal doors, windows) and entry keys for each other tenant named on the tenancy agreement.

In rooming accommodation, each resident must be given a key to their room and any keys you need to access the building or common areas.

The lessor, agent or provider must also maintain the locks to ensure the premises is reasonably secure. Locks and keys include security devices such as garage remote controls, access cards, window locks and mailbox locks.

You can request that the locks be changed or repaired if you believe there is a likelihood of risk to your safety, or of theft or damage to your belongings. You can also change a lock at the premises if you believe the change is necessary to protect you or another occupant from domestic violence. However, you must engage a locksmith to make the change.

For more information, see the When Violence Affects Your Tenancy Factsheet or contact us for advice.

Under the minimum housing standards (which commenced for new tenancies on the 1 September 2023 and for all tenancies on the 1 September 2024), the lessor, agent or provider must ensure that there is a functioning lock or latch fitted to all external windows and doors to secure the premises (or room) against unauthorised entry.

This standard does not apply to windows and doors that can only be accessed by using a ladder.

Disputes about locks & keys

If the premises are not reasonably secure, if locks need repair or if you are not given keys, immediately notify your lessor, agent or provider. If the problem is not fixed, give your lessor, agent or provider a Notice to Remedy Breach that asks them to fix the problem. You must allow at least seven days for the lessor, agent or provider to fix the problem on the Notice to Remedy Breach.

You can use a Dispute Resolution Request form to apply to the RTA for assistance to resolve the dispute. If the RTA cannot assist you to resolve the dispute they will send you a Notice of Unresolved Dispute. You can then apply to the Tribunal for a non-urgent hearing. At the hearing the Tribunal can make a range of orders including:

• an order requiring the lessor or provider to repair a lock, or supply a lock to the premises.
• an order authorising a tenant, lessor, resident or provider to change a lock.
• an order that a key be given, or is not required to be given, to the other party.

In deciding a dispute about locks and whether the premises are reasonably secure, the Tribunal can consider a number of issues including: the risk to your personal safety or risk of theft or damage to your belongings, the likelihood of break-ins or other unlawful entry, the requirements of insurance companies, community standards about adequate security, the physical characteristics of the premises, and anything else the Tribunal considers relevant.  See below for other orders that can be made, including orders relating to emergency repairs.

Requesting repairs

During your tenancy agreement, your lessor or provider is responsible for ongoing repairs and maintenance. The process you use to get repairs completed will depend on the type of repair.

For residential tenancies, the Act distinguishes between routine repairs and emergency repairs. In rooming accommodation or short tenancy agreements in moveable dwelling parks, only routine repair provisions apply.

Routine Repairs

Notify the lessor, agent or provider

If you become aware of a repair or maintenance issue, you should notify the lessor, agent or provider as soon as possible. Contact them by phone, in person, or by email, and ask for the problem to be fixed. Try to arrange a time for the repairs to be completed.

It is best to put your repair request in writing and keep a copy. Your written repair request is evidence that you have notified the lessor, agent or provider about the problem.

Issue a Notice to Remedy Breach

If the lessor, agent or provider does not complete the repairs within a reasonable timeframe, you can use a Notice to Remedy Breach form to notify them about the need for repairs or maintenance. This notice is evidence of your repair request and gives a date by which the repairs must be done.

The Notice to Remedy Breach must give the lessor, agent or provider a minimum time period to do the repairs. For general tenancies, you must allow at least seven days for the breach to be remedied and for rooming accommodation you must allow at least five days.

If the problem is not fixed by the due date on your notice, you can apply to the RTA Dispute Resolution Service for assistance to reach an agreement to resolve the dispute.

When negotiating, consider what solution you are seeking, such as:

• an agreement that the repairs will be done by a set date.
• compensation for your costs or damage to your goods.
• a rent decrease because amenities or part of the premises cannot be used or the standard of the premises has declined
• as a result of the repair problem.
• a written mutual termination agreement to release you from the tenancy without financial penalty.
• an agreement to end the tenancy and compensate you for your relocation costs due to the breach by the lessor or provider.

If the RTA cannot assist you to reach an agreement about a repair you can then apply to the Tribunal for an order about the breach.

Can you withhold rent?

You should not stop paying rent because the lessor, agent or provider has failed to do repairs.

Withholding rent will put you in breach of your agreement and will not help to resolve the repair issue. You also risk your agreement being terminated for rent arrears. If you want to request a rent decrease it is advisable to negotiate a written agreement with the lessor or provider or apply to the Tribunal for an order. For more information, see section, Rent decreases below.

Can you do repairs yourself?

If you want to do repairs yourself, you must first seek permission from the lessor, agent or provider. If they agree that you can do the work, make sure this agreement is in writing before you start work, including any agreement about reimbursing your costs.

Rent decreases

In some situations, you may be entitled to a rent decrease because repairs and maintenance have not been done, the standard of the premises has declined, or services or facilities are no longer available.

To request a rent decrease, contact your lessor, agent or provider to see if you can reach an agreement. If you reach an agreement about a rent decrease, put it in writing.

If you are unable to reach an agreement, you can apply to the RTA Dispute Resolution Service for assistance. If the RTA cannot assist you to resolve the dispute they will send you a Notice of Unresolved Dispute., You can then apply to the Tribunal for a non-urgent hearing about the rent decrease.

You can apply to the Tribunal for a rent decrease in the following circumstances:

In residential tenancies:

• services, facilities or goods that are part of the agreement become unavailable or are withdrawn (other than because of a breach by you).
• the amenity or standard of the premises substantially decreases (other than because of malicious damage by you).
• the premises can no longer be lawfully used as a residence or is compulsorily acquired by an authority.

In rooming accommodation:

• because your room or the common areas become partly unfit to live in or their amenity or standard substantially decreases (other than because of a breach by you).
• because a service provided under the agreement becomes unavailable or its standard substantially decreases.

Emergency repairs

Emergency repairs are defined in the Act. In an emergency repair situation, you can either apply directly to the Tribunal for an urgent hearing or may be able to arrange for emergency repairs to be carried out, up to the value of four weeks rent. Emergency repair provisions do not apply to rooming accommodation agreements or short tenancy moveable dwelling agreements.

In the Act emergency repairs are defined as:

• a burst water service or a serious water service leak.
• a blocked or broken lavatory system.
• a serious roof leak.
• a gas leak.
• a dangerous electrical fault.
• flooding or serious flood damage.
• serious storm, fire or impact damage.
• a failure or breakdown of the gas, electricity or water supply to the premises.
• a breakdown of an essential service or appliance on the premises for hot water, cooking or heating.
• a fault or damage that makes the premises unsafe or insecure.
• a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant.
• a serious fault in a staircase, lift or other common area of the premises that unduly inconveniences a tenant in gaining access to or using the premises.
• works needed for the premises or inclusions to comply with the prescribed minimum housing standards, this will commence for new tenancies on the 1 September 2023 and for all tenancies on 1 September 2024.

In an emergency repair situation, you can either apply directly to the Tribunal for an urgent hearing for an order about the repairs or you may be able to arrange for emergency repairs to be carried out yourself, up to the value of four weeks rent. For more information see Section – Arranging emergency repairs below. Emergency repair provisions do not apply to rooming accommodation agreements or short tenancy moveable dwelling agreements.

Arranging emergency repairs

If emergency repairs are required, immediately notify your lessor, agent or nominated repairer. All tenancy agreements include the name and phone number for the lessor’s nominated repairer and will state whether or not this person is your first point of contact for emergency repairs.  The lessor or agent must keep this information up to date.

If the lessor has an agent, they can arrange for emergency repairs to be carried out without seeking permission from the lessor if the repairs cost less than an amount equal to four weeks rent.

If you are unable to contact the lessor or agent, or if the emergency repairs are not done within a reasonable time, you can arrange for a suitably qualified person to carry out the repairs. You should get more than one quote before arranging for the repairs to be done.

You can spend an amount equal to four weeks rent on emergency repairs. You can then require reimbursement from the lessor for the cost of the repairs.

To request reimbursement for emergency repairs, write to the lessor or agent, enclosing a copy of the repair receipt and requesting reimbursement within seven days. The letter must also state that if the lessor does not reimburse you for the cost of the emergency repairs, you may apply directly to the Tribunal for an order.

Keep a copy of the letter, the original receipt and copies of all quotes as evidence.

Tribunal orders about emergency repairs

You can apply directly to the Tribunal for an urgent hearing about the emergency repairs. The Tribunal can make a range of orders, such as:

• the lessor carry out the emergency repairs.
• you arrange for the emergency repairs to be done and the lessor pays for the repairs or reimburses you for their cost.
• if you have already paid for emergency repairs, an order that the lessor reimburse you for this cost.

If you suffer financial loss or have been unable to use part of the premises or facilities because of the emergency repair problem, you could also request a rent decrease or compensation.

Going to the Tribunal

For routine repairs, if the RTA Dispute Resolution Service cannot assist you to reach an agreement, they will issue a Notice of Unresolved Dispute. You can then apply to the Tribunal for a non-urgent tenancy hearing and seek an order about the repair issue. You can request an order that repairs are done or seek an order for compensation or a rent decrease.

In residential tenancies, if the repairs are emergency repairs as defined under the Act, or if the failure to do the repairs affects tenant health or safety, tenants can apply directly to the Tribunal for an urgent hearing about the repairs, without first going through RTA Dispute Resolution.

Tribunal orders about repairs

The Tribunal can make a wide range of orders relating to repairs, including (but not limited to):

• what is, or is not, to be repaired
• that the lessor must carry out the repairs by a stated date
• that the tenant may arrange for a suitably qualified person to carry out the repairs for an amount decided by the tribunal
• who must pay for the repairs
• that the tenant may pay a reduced rent until the repairs are carried out to the standard decided by the tribunal
• that the lessor must pay an amount to the tenant as compensation for loss of amenity
• that a suitably qualified person must assess the need for the repairs or inspect the premises or inclusion
• that the residential tenancy agreement ends if the repairs are not completed by a stated date
• if the premises is vacant—that it is not occupied under a residential tenancy agreement until stated repairs are completed.

The tribunal will be look at the following when granting a repair order: the conduct of the lessor or agent, risk of injury the damage is likely to cause a person at the premises, the loss of amenity caused by the damage to the premises and any other matter the tribunal considers relevant.

The repair order is enduring until it is complied with. It does not end with a tenancy agreement or the tenants moving.

If the lessor does not undertake the repairs or follow the order of the Tribunal you can make a complaint to the Tribunal and penalties can be applied.  You may also be able to terminate the tenancy, see Section – Terminating the tenancy below.

If you need help to apply to the Tribunal, contact us for advice.

Adding fixtures

You can only attach fixtures or make structural changes to the premises if you have a written agreement with your lessor, agent or provider. Your lessor or provider must not be unreasonable in refusing to let you attach a fixture or make a structural change.

Written agreements about adding fixtures, or making structural changes to the premises should state what the agreed fixture or changes will be, whether or not you can remove the fixture when you leave, if you leave the fixture or changes in place when you move out whether you are entitled to any compensation, or if you remove the fixture who is responsible for fixing any damage caused by the removal.

If you have a dispute with the lessor, agent or provider regarding a proposed fixture or structural change, you can apply to the RTA free Dispute Resolution Service for assistance to resolve the dispute. If the RTA is unable to help solve the problem, you can then apply to the Tribunal for a decision.

If you need to alter the premises due to disability or impairment, section 84 of the Anti-Discrimination Act 1991 (Qld) will apply. Your lessor, agent or provider cannot discriminate against you by refusing to allow reasonable alterations, provided:

• the alterations are done at your expense
• the alterations do not require any change to another premises
• you agree to restore the premises to its previous condition before you leave.

Tenant damage

The lessor or provider is responsible for routine maintenance and reasonable fair wear and tear during the tenancy. If you, your guests or pets maliciously damage the premises, you may be responsible for the cost of the repairs.

You should report damage to the lessor, agent or provider and reach an agreement about any repairs. If you do not notify the lessor, agent or provider about damage to the premises and the problem becomes bigger, you could be held responsible for any additional damage.

If you don’t report damage, it may be noticed during a routine inspection. Your lessor, agent or provider can give you a Notice to Remedy Breach requesting that you repair the damage you have caused.

If you receive a Notice to Remedy Breach about repairs but do not believe that you, your visitors or pets have caused the damage, you can dispute this Notice.

In residential tenancies, if you are given a Notice to Remedy Breach to repair damage you have caused (or are responsible for) and the cost of repairs is more than one weeks rent, the lessor or agent can give you an Entry Notice to inspect the premises to ensure that the breach has been remedied. An Entry Notice for a significant breach can only be issued within 14 days after the remedy period stated on the Notice to Remedy Breach ends.

In serious cases of significant or repeated damage the lessor or provider may make an application to the Tribunal for an order terminating the tenancy.  See our Lessor Ends the Tenancy Factsheet for more information.

Terminating the tenancy

Condition of premises

At the start of your tenancy, if the premises are not in good repair, fit to live in or there are health risks due to the lessor’s action or failure to act, you may be able to terminate the tenancy.  This is only possible if you give your lessor a Notice of Intention to Leave within the first seven days in which you move in.  For tenancy agreements and long tenancy moveable dwelling agreements you must give minimum 14 days’ notice.  For more information see our You Want to Leave Factsheet.

Unremedied Breach

During the tenancy, if you have issued a Notice to Remedy Breach, but the breach is not remedied (fixed) by the due date on your notice, you may be able to take action to end the agreement due to the lessor, agent or provider’s “unremedied breach” of the agreement.

In rooming accommodation, you can give seven days’ notice on a Notice of Intention to Leave that you are leaving due to the provider’s failure to remedy the breach. This applies to both periodic and fixed term agreements.

If you have a periodic residential tenancy agreement, you can issue a Notice of Intention to Leave form and give seven days’ notice that you are leaving due to the lessor’s ‘unremedied breach’.

If you have a fixed term residential tenancy agreement and the lessor fails to remedy a breach, you can give a Notice of Intention to Leave giving at least seven days’ notice. However, there is a risk that the lessor will dispute your Notice and you might have to pay compensation for break lease costs. Alternatively, you can apply to the Tribunal for an urgent hearing and seek an order to terminate the tenancy. You must have first issued a Notice to Remedy Breach and the repair issue must justify termination of the tenancy agreement.

If you have to move out, or if the Tribunal agrees to terminate your tenancy because the lessor or provider breached the agreement, you could also seek compensation for your relocation costs or the expenses arising from the breach.

It is a good idea to contact us for advice before terminating your agreement for the lessor’s unremedied breach.

Failure to comply with repair order

If you have been to the Tribunal and have a repair order that requires repairs to be carried out by a stated day and the repairs have not been done by that day, you may issue a Notice of Intention to Leave because of failure to comply with a repair order. For notice periods see our You Want to Leave Factsheet.

Repeated breaches

You can apply to the Tribunal for an urgent hearing to terminate the agreement for ‘repeated breaches’ if your lessor, agent or provider breaches the agreement in a similar way three times in a 12 month period. This applies if you have issued the lessor, agent or provider with a Notice to Remedy Breach on two occasions and each time they fix the problem within the required notice period. If they breach the agreement again in a similar way for a third time within 12 months, you can apply directly to the Tribunal for an urgent hearing to terminate your tenancy. In the Tribunal, you will need to show copies of your breach notices as evidence.

Non-liveability

If premises become non-liveable, either party can end the agreement by giving the other party a same day Notice to Leave or Notice of Intention to Leave. This applies if rental premises, or a facility in a moveable dwelling park, is destroyed or made completely or partly unfit to live in (other than because of a breach of the agreement), or if the premises can no longer be lawfully used as a residence.

Non-liveability usually results from an ‘act of nature’ such as flood or cyclone. It does not apply in circumstances where a lessor or provider has breached the agreement by failing to carry out repairs and maintenance.

A notice ending the agreement for non-liveability can only be issued within one month of the event that caused the premises to be non-liveable.

If premises become non-liveable but you want to stay, you could talk to the lessor, agent or provider to negotiate a rent decrease.

Termination for significant repairs

The lessor can give you 2 months’ notice (but not before the end of the fixed term) to leave the premises if significant repairs are required, and those repairs cannot be safely carried out while the tenant occupies the premises.  Falsely giving such a notice can attract penalties for the lessor. This termination ground does not apply to a residential tenancy that is short tenancy moveable dwelling.  For more information see our Lessor Ends the Tenancy Factsheet.

Repairs & maintenance

Contracting out

Tenants, residents, lessors or providers must not enter into an agreement that contradicts the provisions of the Act. The Act states that the lessor or provider is responsible for repairs and maintenance. Any term in your agreement which states that you are responsible for routine repairs and maintenance is void and unenforceable.

It is an offence for someone to intentionally, either directly or indirectly, include terms in a tenancy agreement that seek to ‘contract out’ of the Act. If the lessor, agent or provider does this, you could report them to the RTA who will investigate the issue. The lessor, agent or provider could be fined.

Carpets

The Act requires that tenants care for the premises and leave the place at the end of a tenancy in a similar condition to the start of the tenancy, fair wear and tear excepted. The Act applies regardless of what your tenancy agreement says.

If the carpets were professionally cleaned before you moved in, you are responsible for leaving them in a similar condition when you leave. If the carpets were dirty and were not professionally cleaned before you moved in, you should note this on your Entry Condition Report. In this case, you should not be expected to undertake professional carpet cleaning when you move out.

Bond disputes over the cost of wear or damage to carpets are common. When moving in and moving out, pay close attention to the condition of the carpet and write your comments on the Entry or Exit Condition Report forms. You may also want to take photos as additional evidence.

Pest control

The Act says that the lessor, agent or provider must maintain the premises in good repair and in a state fit for you to live in. You must keep the place clean and not damage the premises.

If you follow your responsibilities under the Act and do not cause a pest problem (e.g. by keeping a pet on the premises), then, regardless of what is written in your agreement, your lessor, agent or provider will be responsible for pest control.

If you have a pet in the premises during the tenancy, you will need to do pest control or have professional pest control carried out. Keep any receipts as evidence. If there is a dispute about pest control, these documents can show that you have taken reasonable steps to reduce any pest control problem.