Repairs and maintenance in private rental properties

Landlords and tenants share the responsibility for repairs and maintenance in rental properties. Tenants need to ask their landlord to make any repairs and the landlord must attend to repairs within a reasonable time frame.

Landlords usually take care of consumables, such as replacing tap filters. Extensive gardening work such as pruning fruit trees is also done by the landlord.

Tenants usually care for items such as easily replaced light globes, cleaning air conditioner filters, and general gardening work such as mowing and weeding.

Landlords are responsible for repairs, even if a tenant knew about a problem when they moved in. Items noted in the tenancy agreement as excluded, or serious structural issues listed in a housing improvement notice, aren't required to be fixed by the landlord.

Advising the landlord

Tenants need to ask the landlord to fix the problem in writing using the request for repairs (240KB PDF) form.

Urgent repairs, such as a burst water pipe or gas leak , should be reported to the landlord as soon as possible.

Landlord's notice to enter

A landlord can enter the property to carry out the repair at the tenant’s request, or after giving at least 48 hours’ notice – written notice is best. No notice is required to enter for urgent repairs.

A landlord could be breaking the conditions of an agreement if they are aware of a problem and don't repair it within a reasonable time.

Landlord refuses to repair

If a landlord refuses to fix something after being asked, the tenant can:

apply to the South Australian Civil and Administrative Tribunal (SACAT) for:
- the repairs to be carried out
- compensation related to losses resulting from the non-repair
- the tenancy to end
organise to have urgent problems fixed and give the landlord an invoice from an authorised repairer. A licensed professional must:
- carry out the repairs
- provide a report stating the cause of the problem and the work carried out.

Damage caused by the tenant

Tenants are responsible to repair damage they caused at the property. This includes damage caused:

intentionally or through neglect
by visitors or other people living at the property.

A tenant should report this damage to the landlord and repair it within a reasonable time.

If the landlord offers to repair the damage and the tenant agrees, the landlord can charge the tenant SACAT's set rate of $31.21 an hour for time spent to repair, plus the cost of any materials purchased.

If this damage isn’t repaired, a landlord can issue a notice to the tenant (238.7 KB PDF) asking them to fix the problem or the lease agreement will end.

Domestic appliances

Landlords maintain domestic appliances, such as an oven, air conditioner or gas heater.

At the start of an agreement a landlord must list the appliances on the lease and provide the tenant with manufacturers’ manuals or instructions on how to use them. If this isn’t done, a tenant can’t be held responsible for repairing damage caused while using the appliance.

Landlords must ensure any newly installed or replaced appliances meet minimum energy and water efficiency standards.

These are listed in the energy and water charges fact sheet (300KB PDF)

Property alterations

Tenants can ask their landlord for permission to make minor alterations or safety modifications, as long as they don’t affect the structure of the premises.

Changes can’t be unreasonably refused for alterations or additions that relate to:

minor alterations or additions
reasonable changes necessary for disability assistance
reasonable changes necessary for mobility or access needs relating to age

Requests to the landlord should detail:

the nature of the alterations and modifications
how the property can be restored.

Consent must be given in writing.

See more in the modifications and minimum standards fact sheet (1MB PDF)

Landlords must have a good reason to refuse permission for a tenant to connect a service, such as digital TV and internet access.

Anything added must be removed at the end of the tenancy, unless the landlord agrees for it to remain. Tenants are responsible for the repairs of any damage caused by the removal.

Locks and keys

Landlords need to make sure the property is secure and fix things, such as a lock that sticks.

Tenants and landlords need to agree to a lock being changed or removed. Neither can refuse the change without good reason. Exceptions to this apply for protected persons in domestic abuse situations. More information is in the domestic abuse options fact sheet (300KB PDF)

Tenants who lose keys will need to pay for the cost of gaining access or having a new key cut.

The tenant can collect a spare key from the landlord as long as it’s reasonable to do so. A fee can’t be charged for the temporary use of a key.

The landlord can charge reasonable expenses if they are prepared to attend the property to provide the access. Details of any potential fee should be included as a condition in the agreement.

Pests and vermin

Infestation at the start of a tenancy

Landlords are usually responsible for getting rid of the following pests:

ants
bees and wasps - and during the tenancy if in a wall cavity
cockroaches, fleas and spiders
mice and rats
snakes - and during the tenancy only if the landlord breaches the agreement, for example by leaving piles of rubbish in the garden.