Disputes about repairs are one of the most common tensions between Landlords and Tenants. The problem starts with both sides having their own sense of what is fair and assume how they see the problem and the other person’s obligations is how the law sees things.
Tenancy law doesn’t take sides, but it also doesn’t see both landlord and tenant as equals. Tenancy law is more akin to consumer law. The Landlord is a Trader, and the Tenant is the Consumer.
The landlord has to provide a property that meets minimum standards just like any supplier of goods in Australia. They are also expected to maintain the property to the same standard as it was initially leased.
The contract between the tenant and landlord must have certain conditions. It also is not allowed to have other conditions that the law prohibits. It’s just like a consumer finance contract, same thinking.
And finally, if there are issues with the product and the supplier of that product thinks it’s the consumers fault, they need to show that the product didn’t fail through normal usage. Just as traders can’t blame consumers without evidence, neither can Landlords blame tenant without solid evidence.
The tenant is expected to treat the property with reasonable care. Reasonable, means how a person would behave if they were trying to take care. More simply, a tenant has to do things as if they cared.
Both parties are expected to meet their obligations in the lease and the law. They are expected to know what those obligations are. And when things don’t go to plan, to work together to resolve the issues rather than make things worse.
No matter how the law is written or explained, not everyone will agree it’s fair and even fewer will be happy with how it’s applied. But like democracy as they say, Tenancy Law is not perfect, but it is so much better than all the other alternatives out there.
Author – Stephen Jackson
