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tenancy

What qualifies as an "urgent repair" under the RTA?

Key Takeaway

In New Zealand, the Residential Tenancies Act 1986 (RTA) does not specifically define an "urgent repair." However, a landlord's obligations to maintain premises in a reasonable state and ensure health and safety mean that issues posing immediate risk or causing significant damage require prompt attention. Tenants must notify landlords, and if repairs are not done, the Tenancy Tribunal can intervene.

Understanding Urgent Repairs Under the Residential Tenancies Act 1986

The Residential Tenancies Act 1986 (RTA) is the primary legislation governing residential tenancies in New Zealand. While the RTA sets out the rights and responsibilities of landlords and tenants regarding repairs, it does not contain a specific legislative definition of "urgent repair."

What Qualifies as an Urgent Repair?

The concept of an urgent repair is derived from a landlord's fundamental obligations to maintain the premises and ensure the health and safety of tenants. A landlord must keep the premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(b)]. Additionally, a landlord must comply with all requirements regarding buildings, health, and safety under any enactment, so far as they apply to the premises [Source: Residential Tenancies Act 1986, s 45(1)(c)].

Consequently, issues that pose an immediate risk to the health or safety of occupants, or that could cause significant damage to the property if not addressed quickly, would typically be considered urgent in the context of the landlord's obligations. Examples often include a lack of essential services like hot water or electricity, significant leaks or burst pipes, or dangerous structural faults.

Furthermore, if damage to the premises (not caused by the tenant) makes them uninhabitable, meaning unfit for human habitation, likely to be injurious to health, or dangerous, the tenancy may be terminated [Source: Residential Tenancies Act 1986, s 77(2)]. This highlights the seriousness with which critical repair issues are viewed under the Act.

Tenant's Obligations Regarding Repairs

Tenants have specific obligations related to repairs and maintenance:

  • Notification of Repairs: A tenant must notify the landlord of any damage to the premises or of any need for repairs as soon as possible after its occurrence or discovery [Source: Residential Tenancies Act 1986, s 46(1)(c)]. This is a critical first step for any repair, urgent or otherwise.
  • Keeping Premises Clean: A tenant must keep the premises reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 46(1)(a)].
  • Preventing Damage: A tenant must not intentionally or carelessly damage the premises [Source: Residential Tenancies Act 1986, s 46(1)(b)].

Landlord's Obligations Regarding Repairs

Landlords have a duty to maintain the rental property:

  • Reasonable State of Repair: A landlord must maintain the premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(b)]. This applies throughout the tenancy.
  • Health and Safety Compliance: A landlord must comply with all requirements regarding buildings, health, and safety under any relevant law [Source: Residential Tenancies Act 1986, s 45(1)(c)].
  • Remedy Breaches: If a landlord breaches their obligations, the Tenancy Tribunal – an independent judicial body that resolves disputes between landlords and tenants – can order them to remedy the breach [Source: Residential Tenancies Act 1986, s 66].

Process for Addressing Urgent Repairs

If an urgent repair is needed, the process generally involves:

  1. Tenant Notification: The tenant must immediately notify the landlord or their agent about the need for repair [Source: Residential Tenancies Act 1986, s 46(1)(c)]. It is advisable to do this in writing (e.g., email or text) to create a record, in addition to any verbal communication.
  2. Landlord Action: Upon notification, the landlord is expected to address urgent issues promptly. While no specific timeframe for "urgent" is prescribed in the RTA, their general obligation for repair implies promptness for critical issues affecting health, safety, or property integrity.
  3. Applying to the Tenancy Tribunal: If the landlord fails to address the repair within a reasonable timeframe, or at all, the tenant can apply to the Tenancy Tribunal. The Tribunal has the power to:
    • Order the landlord to remedy the breach of their obligations [Source: Residential Tenancies Act 1986, s 62(1)(a) and s 66].
    • Order compensation for any loss or damage suffered by the tenant due to the landlord's breach [Source: Residential Tenancies Act 1986, s 65].
    • In severe circumstances where the premises become uninhabitable due to damage (not caused by the tenant), the Tribunal may terminate the tenancy [Source: Residential Tenancies Act 1986, s 77(2)].

Tenant Undertaking Repairs

The Residential Tenancies Act 1986 provides specific mechanisms for tenants to address a landlord's failure to maintain premises, primarily through an application to the Tenancy Tribunal for an order to have repairs completed or for compensation [Source: Residential Tenancies Act 1986, ss 62, 65, 66]. Generally, a tenant is not permitted to carry out repairs themselves and then deduct the cost from the rent without a specific order from the Tenancy Tribunal or prior agreement with the landlord. Doing so without proper authorisation could constitute a breach of the tenancy agreement and the Act by the tenant.

When to Seek Independent Legal Advice

If there are complex issues regarding urgent repairs, disputes with a landlord, or uncertainty about rights and obligations under the Residential Tenancies Act 1986, it is advisable for individuals to seek independent legal advice. Information and assistance can be obtained from official bodies like Tenancy Services or free services such as Community Law Centres.

Key Resources