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tenancy

How property managers handle repair requests

Key Takeaway

Property managers, acting on behalf of landlords, must ensure rental properties are maintained in a reasonable state of repair. Tenants are obligated to report damage promptly. If repairs are not made, tenants can apply to the Tenancy Tribunal to enforce landlord responsibilities. All legal claims regarding repairs must be supported by specific sections of the Residential Tenancies Act 1986.

How Property Managers Handle Repair Requests in New Zealand

In New Zealand, property managers act as agents for landlords, undertaking responsibilities related to the maintenance and repair of rental properties. Both tenants and landlords (through their property managers) have specific obligations under the Residential Tenancies Act 1986 (RTA 1986) concerning property repairs.

Landlord's Obligation to Maintain and Repair

A landlord, or their property manager acting on their behalf, has a fundamental duty to maintain the premises. This includes ensuring the property is in a reasonable state of repair and complying with all building, health, and safety requirements specified in relevant legislation [Source: Residential Tenancies Act 1986, s 40(1)(c), s 40(1)(ca)]. This obligation applies throughout the tenancy.

Tenant's Obligation to Notify of Damage and Keep Premises Clean

Tenants also have responsibilities regarding the property's condition. A tenant must:

  • Keep the premises reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 40(1)(a), s 45(1)(a)].
  • Notify the landlord (or property manager) of any damage to the premises or of any need for repairs as soon as possible [Source: Residential Tenancies Act 1986, s 45(1)(d)].
  • Not intentionally or carelessly damage the premises [Source: Residential Tenancies Act 1986, s 45(1)(e)].

Reporting a Repair Request

When a tenant identifies a repair need, they should report it to their property manager promptly. While the RTA 1986 does not specify a mandatory method for reporting, providing written notification (e.g., email) can create a clear record of the request, including the date and details of the issue.

Upon receiving a repair request, the property manager's role involves:

  1. Assessing the Damage: Determining the nature and extent of the damage or repair needed.
  2. Arranging Repairs: Organising for the necessary work to be carried out within a reasonable timeframe. What constitutes a 'reasonable timeframe' can depend on the urgency and severity of the repair [Source: Residential Tenancies Act 1986, s 40(1)(c)]. For urgent issues, such as a burst water pipe or a major electrical fault, a reasonable timeframe would be significantly shorter than for minor, non-critical repairs.
  3. Communication: Keeping the tenant informed about the progress of the repair.

Access for Repairs

For a landlord or property manager to enter the premises to inspect or carry out repairs, specific rules around notice periods apply:

  • Non-urgent Repairs: The landlord or property manager must give at least 24 hours' notice before entering to carry out necessary repairs and must enter between 8 am and 7 pm [Source: Residential Tenancies Act 1986, s 48(1)(b), s 55(1)(c)].
  • Urgent Repairs: No notice is required if immediate entry is necessary for the health or safety of any person, or to protect the premises from damage [Source: Residential Tenancies Act 1986, s 55(1)(d)].

Damage Caused by the Tenant

If the damage requiring repair was caused by the tenant's intentional act or a careless act, the tenant may be liable for the cost of the repair. For careless damage, the tenant's liability is generally limited to four weeks' rent or the landlord's insurance excess, whichever is lower, for each event of careless damage [Source: Residential Tenancies Act 1986, s 45(2A)]. The landlord (or property manager) must still arrange the repair to fulfil their maintenance obligations, but they may seek reimbursement from the tenant.

What if Repairs are Not Done?

If a property manager fails to arrange necessary repairs within a reasonable timeframe, the tenant can take steps to enforce the landlord's obligations:

  1. Written Notice: The tenant can send a formal written notice to the landlord (or property manager) outlining the breach of the tenancy agreement and giving them a specific timeframe to rectify it. This is often referred to as a '14-day notice to remedy a breach' [Source: Residential Tenancies Act 1986, s 60].
  2. Application to the Tenancy Tribunal: If the breach is not remedied within the specified time, or for serious breaches, the tenant can apply to the Tenancy Tribunal, a judicial body that resolves disputes between landlords and tenants [Source: Residential Tenancies Act 1986, s 77]. The Tenancy Tribunal can order the landlord to carry out repairs, reduce the rent until repairs are completed, or award compensation to the tenant for the inconvenience or loss suffered due to the unrepaired issues [Source: Residential Tenancies Act 1986, s 78].

When to Seek Independent Legal Advice

Property managers and landlords facing complex repair issues, disputes over liability for damage, or significant breaches of tenancy obligations should consider obtaining independent legal advice. Tenants needing assistance with formal notices, understanding their rights, or preparing an application to the Tenancy Tribunal can seek free advice from Community Law Centres or Tenancy Services.

Key Resources