Sisters In Law: What are renters’ rights when it comes to condition of the home?

A NSW man was promised a number of changes to the home but now his landlord wants to slug him an extra $50-a-week in rent to get them done.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise what renters’ rights are when it comes to the condition of the property.

Question:

I’ve lived in my apartment for over five years and in that time my landlord has only done essential repairs such as fixing leaking taps or replacing a broken oven.

When I moved in, the walls hadn’t been painted for years and the carpet was quite old and my landlord said it was on his “to-do list” to spruce the place up … but that never happened.

He does always remember to put my rent up by $10 to $20-a-week each year, though. Recently, I asked if he would consider painting the walls and reviewing the carpets and he said if he did, he’d have to put up my rent by $50-a-week or more.

I’m so sick of his grabbing attitude – I always pay my rent on time, I’m a good tenant and he doesn’t value me. Does he have an obligation to renovate and replace carpets? – Dan, NSW

The landlord will only paint the walls and update the carpet if the tenants pay him $50 extra a week. Picture: iStock

Answer:

Sorry to tell you this Dan, but there is no obligation for your landlord to renovate or replace carpets.

A rental property does not need to be in perfect condition, it just needs to be fit to live in.

Landlords are responsible for repairing and maintaining the property so that it is in a reasonable state of repair when considering the rent that is being paid and the age of the property.

If the carpet is in such a state of disrepair that it is threadbare and poses a health risk (such as a tripping hazard) then your landlord will be responsible for replacing it.

It sounds like your landlord attends to urgent repairs (such as your broken stove), and it’s more the non-urgent repairs that he doesn’t want to do.

Non-urgent repairs are issues that do not need fixing straight away, such as a broken cupboard, cracked window or, in your case, old carpets.

To request the carpets be replaced, you should write a letter to your landlord detailing the issue and when you would like it done. You should keep a copy of your letter.

Legally, a landlord only has to maintain a property so that it is in a reasonable state of repair. Picture: iStock

If your landlord does not replace the carpets, you should not stop paying rent as this would be a breach of your rental agreement and your landlord could take steps to end your tenancy.

It’s always best to try to find a solution between you and the landlord first. If you can’t, then you can contact NSW Fair Trading’s tenancy complaints and disputes service or lodge an application with the NSW Civil and Administrative Tribunal (NCAT).

Fair Trading will sometimes issue a rectification order to landlords to undertake repairs. NCAT can also make various orders, including:

1. The landlord must perform repairs

2. The tenant can pay their rent to NCAT until the repairs are done

3. The tenant’s rent could be reduced until the repairs are done

If you’re ultimately not able to reach an agreement with your landlord and you want to end the lease then you should provide notice, but consider the lease break fees you may have to pay.

The renter could give notice to leave if he is unhappy with the situation. Picture: iStock

If you end a lease agreement early and you have a fixed-term agreement of three years or less that was entered into after March 23, 2020, then you might have to pay a break lease fee. The break fees are:

1. If less than 25 per cent of the agreement has expired, then you’ll need to pay four weeks’ rent

2. If 25 per cent or more, but less than 50 per cent of the agreement has expired, you’ll be liable for three weeks’ rent

3. If 50 per cent or more but less than 75 per cent of the agreement has expired you’ll have to pay two weeks’ rent

4. If 75 per cent of more of the agreement has expired then you will have to pay one week’s rent.

New break lease fees have been introduced in NSW. Picture: iStock

For more information about your personal circumstances contact NSW Fair Trading or Tenants’ Union of NSW.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

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