Emergency Repairs & Urgent Maintenance

What Makes a Repair "Emergency"?

Emergency or urgent repairs are those that affect the safety, health, or habitability of the property. Across all Australian states and New Zealand, emergency repairs are always the landlord's responsibility, regardless of the lease terms or who typically pays for maintenance.

When an emergency repair issue arises, landlords must respond quickly — usually within 24 hours. Failure to do so can result in tenants withholding rent, arranging repairs and deducting costs, or filing complaints with the relevant housing authority.

What Counts as an Emergency Repair?

Emergency repairs include:

No hot water: Essential for hygiene and health; must be rectified within 24 hours regardless of season
No heating or air conditioning: In cold conditions, lack of heating is a health and safety issue. Where air conditioning is essential for habitability (extreme heat), lack of cooling is also an emergency
Major water leaks or burst pipes: Can cause structural damage and mould; must be stopped immediately
Broken locks or security issues: Compromised security is a safety issue affecting tenant occupancy
Gas leaks: Any suspected gas leak is an emergency; property may need to be evacuated
Electrical faults or sparking: Fire hazard; must be addressed immediately
Severe mould affecting health: Visible mould that poses respiratory or health risks
Roof leaks causing interior damage: Active water entry causing damage to furniture, electrical systems, or creating slip hazards
Non-functioning toilet or sewage backup: Affects sanitation and habitability
Broken windows or doors: Affects security and weatherproofing; can allow rain damage
Pest infestation: Large-scale infestation affecting health and sanitation
No functioning stove or refrigerator: If these were provided with the lease and are essential for food storage/preparation
Smoke alarm failure: Safety compliance issue

What Does NOT Count as Emergency

Slow drips or minor leaks (unless actively damaging interior)
Minor electrical issues (blown fuse, tripped breaker that tenant can reset)
Noisy pipes, banging, or clanging sounds (annoying but not safety-critical)
Paint peeling, discolouration, or water stains on ceilings (if not actively leaking)
Minor cracks in walls or ceilings
Broken or stuck blinds or screens
Faulty door handles or hinges (if door still opens/closes)
Loose tiles, grout, or weatherstripping
Faulty light switches or outlets (if others work)
Minor drainage slow-down (unless completely backed up)
Stiff or difficult locks (if they still work)
Broken mirrors, towel racks, or other non-essential fixtures
Loose fence panels or minor garden maintenance
Temperature complaints where heating/cooling is working but tenant wants it warmer/cooler

These are routine maintenance issues with typical response timeframes (7–30 days depending on jurisdiction), not emergencies. Tenants may claim these are urgent, but landlords are not legally obligated to respond within 24 hours. Document the claim and respond within your jurisdiction's standard timeframe.

Tenant Rights if You Don't Respond to Emergency Repairs

If you fail to respond to an emergency repair within 24 hours, tenants have significant rights across all jurisdictions:

Right to Withhold Rent

In most jurisdictions, tenants can withhold rent if the property becomes uninhabitable due to emergency repair issues and the landlord fails to respond. This right typically applies when:

The repair affects habitability (heating, water, security)
The landlord has been notified and failed to respond within the timeframe
The cause is not the tenant's fault

Right to Repair and Deduct

Tenants can arrange the emergency repair themselves and deduct the cost from rent if:

The landlord has been notified in writing
The landlord has failed to respond within the required timeframe
The repair is necessary and reasonable
The tenant provides receipts and invoices
The cost is reasonable (not inflated)

Right to Lodge Complaints with Authorities

Tenants can file complaints with the relevant housing authority (RTA Office, Tribunal, Fair Trading) if you fail to address emergency repairs. These complaints can lead to:

Orders to complete repairs (enforceable by law)
Rent reduction orders while repairs are pending
Compensation to the tenant for discomfort, inconvenience, or cost
Fines or penalties against you as the landlord

Right to Break the Lease

In some jurisdictions, if emergency repairs make the property uninhabitable and the landlord fails to respond, tenants may have the right to terminate the lease early without penalty. Check your state's specific RTA rules.

How to Handle Emergency Repairs Correctly

Step-by-step process:

1. Get notified: Tenant reports the emergency repair (in writing or verbally)
2. Acknowledge immediately: Respond to the tenant within 1–2 hours confirming receipt of the report
3. Assess urgency: Confirm it's truly an emergency and understand the issue
4. Engage a contractor: Contact a tradesperson immediately and arrange same-day or next-day attendance
5. Communicate timeline: Tell the tenant when the contractor will arrive
6. Arrange access: Ensure contractor can access the property (provide keys if necessary)
7. Complete repairs: Ensure work is completed within 24 hours or as soon as reasonably possible
8. Document everything: Keep receipts, invoices, photos of the issue, and the repair completion
9. Verify with tenant: Confirm the repair is working correctly with the tenant

Documentation to Keep

Date and time of tenant's emergency report
Description of the issue
Your response time and method (phone, text, email)
Name and contact of the contractor engaged
Date and time of contractor's attendance
Invoice and receipt for the work
Photos of the damage before and after repair
Any communications with the tenant about the repair

Preventing Emergency Repairs

While you can't prevent all emergencies, regular maintenance can significantly reduce their likelihood:

Annual plumbing inspection: Check pipes, taps, and fixtures for signs of wear or leaks
Electrical safety check: Have licensed electrician inspect wiring and appliances annually
Gas safety check: If property has gas, annual safety check is often mandatory
Heating system maintenance: Service heating systems before winter to prevent failure
Roof inspection: Check for missing tiles, leaks, or damage after storms
Lock and security check: Ensure all locks function and security is secure
Appliance maintenance: Service or replace aging appliances before they fail
Pest control: Regular pest inspections and treatment to prevent infestations

A small maintenance cost now prevents a major emergency bill and potential tenant disputes later.

Mint's Takeaway

Emergency repairs are non-negotiable obligations across all jurisdictions:

24-hour response required: All Australian states and New Zealand require landlords to respond within 24 hours of notification
Non-negotiable areas: Heating, hot water, security, gas safety, electrical safety, and habitability must always be addressed
Tenant rights if you delay: Tenants can withhold rent, repair and deduct costs, or lodge complaints with authorities
Document everything: Keep records of reports, your response time, contractor details, and repairs completed
Prevention is cheaper: Regular maintenance reduces emergency repair risk and potential disputes

Mint's emergency repair tracking sends you instant notifications when tenants report issues, helps you log response times, and stores all documentation — so you never miss a 24-hour deadline and always have evidence of compliance.