Quick Answer

Under Victoria’s Residential Tenancies Act 2018, landlords must pay for structural repairs, major building systems (plumbing, electrical, heating), and anything caused by normal wear. Tenants pay for damage they cause beyond normal use (broken windows from neglect, carpet stains, holes in walls). The confusion: which “side” repairs fall on isn’t always clear—document everything in writing.

Landlord’s Responsibilities (Must Pay)

Repair Type Examples Tenant Pays?
Structural repairs Cracked foundations, roof leaks, rotten fascia No—always landlord
Plumbing Burst pipes, blocked drains, hot water system failure No—always landlord
Electrical Faulty wiring, power outages, broken switches No—always landlord (Victoria law)
Gas systems Broken heater, gas leak detection No—always landlord
Heating/cooling Broken split system, ducted heater failure No—always landlord
Normal wear Faded paint, worn carpet, loose tiles No—landlord covers normal wear
Appliance failure Broken oven, fridge stops working (if included in lease) No if provided by landlord

Tenant’s Responsibilities (Tenant Pays)

Damage Type Examples Landlord Pays?
Intentional damage Holes in walls, broken glass, graffiti No—tenant caused it
Neglect damage Mould from not opening windows, stains from pet accidents No—tenant caused it
Misuse Broken windows from carelessness, burnt stovetop No—tenant caused it
Damage beyond normal use Broken door handles, cracked tiles from dropped objects No—tenant caused it
Garden neglect Dead lawn, overgrown weeds (beyond maintenance) Depends; check lease terms

The Grey Areas (Dispute-Prone)

Appliance Repairs

If a kettle or toaster breaks, tenant pays. If the refrigerator (usually provided) stops working, landlord pays. Clarify in the lease whether appliances are included or not. Document condition with photos at move-in.

Plumbing Blockages

Landlord pays for blocked drains caused by structural issues (tree roots, collapsed pipes, old clay pipes in properties around Dandenong and Berwick). Tenant pays if blocked by hair, food scraps, or inappropriate items flushed down the toilet. If unclear, get a plumber’s diagnosis in writing.

Carpet Stains and Damage

Normal stains from daily living: landlord covers at end of lease. Pet stains, burns, or bleach spots: tenant pays (if lease allows pets). Get damage assessed by a professional carpet cleaner (cost: $200–$500) to determine responsibility.

Paint and Wall Damage

Faded paint is normal wear—landlord’s responsibility. Small nail holes are acceptable. Holes larger than 5mm, scuff marks from furniture, or damage from picture hangers: tenant pays (but cost should be reasonable—usually $50–$150 per wall section, not a full repaint).

Broken Windows

Landlord pays if broken by weather, age, or structural failure. Tenant pays if broken by negligence or intentional damage (e.g., kid threw a ball, window left open in a storm when tenant was advised to close it).

Safety warning: Never ignore a repair request. Under Victorian law (Residential Tenancies Act), landlords must complete urgent repairs (gas leaks, electrical hazards, water leaks) within 24 hours. Tenants can withhold rent if landlord fails this duty—only as a last resort and with legal advice.

How to Handle a Repair Dispute

1. Document Everything in Writing

Report repairs via email to the landlord or property manager. Include photos and date. Don’t rely on verbal communication. This creates a written record for disputes.

A tenant sending a repair request email from their laptop, with attached photos of a leaky tap.
Always request repairs in writing (email is best) — it creates a record if the dispute reaches tribunal.

2. Get a Professional Assessment

For dispute-prone repairs (carpet damage, plumbing blockages, water damage), hire an independent tradesperson ($100–$300 for a report). Their diagnosis in writing protects both parties.

A plumber providing a written report on a blocked drain, showing photos and diagnosis.
Professional assessments resolve disputes — a plumber’s report showing the cause of blockage (tree roots vs hair) determines who pays.

3. Send a Formal Demand Letter

If landlord refuses to pay for a repair they should cover, send a formal letter (email is fine) stating the repair needed, the law supporting your claim, and a deadline (7–14 days) for response. Keep a copy.

A formal letter from a tenant to landlord, clearly stating the repair required, the law (Residential
A clear, polite demand letter with a deadline can resolve disputes before escalating to tribunal.

4. Contact the Rental Tenancy Board (RTB)

If the landlord still won’t cooperate, file a dispute with the Residential Tenancies Bond Authority (RTBA). Filing is free. The RTBA investigates and mediate. If mediation fails, you can pursue tribunal (VCAT).

The RTBA website showing how to file a dispute, with step-by-step instructions.
The RTBA (free service) can mediate repair disputes — pursue this before more costly VCAT tribunal action.

Tips & Gotchas

  1. Take photos at move-in: Document every stain, crack, or worn area. These protect you from unfair damage claims at move-out.
  2. Request repairs immediately: Don’t wait weeks or months. Early reports show you’re responsible and make timeline clearer.
  3. Pay for urgent repairs yourself, claim back: If landlord doesn’t fix an urgent repair within 24 hours, you can pay a tradesperson and deduct the cost from rent (only as a last resort, with legal advice).
  4. Don’t withhold rent without legal advice: Illegal rent withholding can give landlord grounds to evict you. Get RTB or legal advice first.
  5. Safety warning: Gas leaks, electrical hazards, mould in living areas, and broken heating in winter are serious. Document and escalate to RTB immediately if landlord won’t fix within 24 hours.
  6. Lease terms matter: Some leases shift responsibility in ways not allowed under Victorian law. The Residential Tenancies Act overrides unfair lease terms—clauses forcing tenants to pay for structural repairs are void.
  7. Professional cleaning at move-out: Budget $300–$500 for professional carpet and window cleaning. This prevents disputes over “normal wear”.
  8. Garden maintenance: Keep lawn mowed and weeds manageable. If you let the garden become overgrown, landlord can charge for professional landscaping ($500–$2,000).
  9. Quiet enjoyment clause: You have the right to “quiet enjoyment” of the property. Landlord-caused issues (noisy construction, lack of heat) that interfere with this can justify rent reduction.
  10. Bond claims: Landlord can claim repair costs from your bond at move-out, but the amount must be reasonable and necessary. Challenge unreasonable claims via RTBA.

Frequently Asked Questions

Can a landlord charge for normal wear and tear?

No. Under Victorian law, landlords cannot charge tenants for normal wear. Faded paint, worn carpet, loose tiles, and age-related failure are landlord’s responsibility. Only damage beyond normal use is tenant’s cost.

What counts as “damage” vs “normal wear”?

Normal wear is use expected in daily living (worn carpet, faded paint). Damage is beyond normal use (stains from pet accidents, holes from nails, broken window from carelessness). If disputed, a professional assessment resolves it.

Can I deduct repair costs from my rent?

Only for urgent repairs (gas leaks, electrical hazards, water leaks) that the landlord refuses to fix within 24 hours. Get legal advice first—improper rent deduction can lead to eviction.

Who pays if the hot water system breaks?

Always the landlord. Hot water systems are essential services. Landlord must arrange repair or replacement immediately (within 24 hours in winter). Cost entirely landlord’s responsibility.

Can the landlord charge for carpet cleaning at move-out?

Only if the carpet has damage beyond normal wear (pet stains, burns, large holes). Normal soiling is the landlord’s cost at end of lease. If disputed, get a professional cleaner’s assessment ($200–$300).

What if the landlord retains part of my bond for repairs I didn’t cause?

Lodge a dispute with the RTBA (Rental Tenancy Bond Authority). Filing is free. Provide photos from move-in and move-out, professional assessments, and correspondence with the landlord. The RTBA investigates and can order the landlord to refund unfair deductions.

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