Quick Answer
Under Victoria’s Residential Tenancies Act 1997 (significantly amended in 2018 and 2021), landlords must maintain rental properties in a reasonable state of repair and act on urgent repairs within 24 hours. Tenants are responsible for minor maintenance and any damage they cause beyond fair wear and tear. If a landlord fails to act, tenants can apply to VCAT — and for urgent repairs, can arrange licensed tradespeople themselves and claim up to $2,500 in reimbursement.
Disputes between tenants and landlords over repairs are among the most common cases heard at VCAT in Victoria. Whether you rent out your Melbourne home or rent one yourself, knowing who is legally responsible for what keeps disputes out of the tribunal — and keeps properties safe and liveable.
What Victorian Law Says
The Residential Tenancies Act 1997 sets the legal framework. Key obligations are straightforward:
- Landlords must provide and maintain the property in a reasonable state of repair, having regard to its age and character.
- Tenants must keep the property reasonably clean, not damage it beyond fair wear and tear, and notify the landlord promptly of any damage or need for repairs.
Urgent Repairs: Landlord Must Act Within 24 Hours
Victorian law defines “urgent repairs” in Schedule 3 of the Residential Tenancies Act. These include burst water services, gas or electricity failures, serious roof leaks, blocked toilets (where only one exists on the premises), flooding, and from 2021 — heating failures in winter and cooling failures during extreme heat events.
| Urgent Repair Type | Landlord’s Obligation | Tenant’s Right if No Action |
|---|---|---|
| Burst water service or serious water leak | Repair within 24 hours | Arrange repair up to $2,500; claim reimbursement |
| Blocked or broken toilet (only toilet on premises) | Repair within 24 hours | Self-help right applies |
| Serious roof leak | Repair within 24 hours | Self-help right applies |
| Gas, electricity, or water supply failure | Repair within 24 hours | Self-help right applies |
| Flooding or serious storm damage | Repair within 24 hours | Self-help right applies |
| Electrical fault creating danger | Repair within 24 hours | Self-help right applies |
| Heating failure (June–August) | Repair within 24 hours | Self-help right applies |
| Cooling failure when forecast exceeds 40°C (Dec–Mar) | Repair within 24 hours | Self-help right applies |
Non-Urgent Repairs: The 14-Day Rule
For non-urgent repairs, give written notice (email is sufficient). The landlord then has 14 days to carry out the repair. If they don’t act, VCAT can order the repair and award compensation. Putting requests in writing — and getting confirmation — is essential for any later dispute.
| Non-Urgent Repair Example | Who Pays? | Notes |
|---|---|---|
| Leaking tap (slow drip, not burst) | Landlord | Give written notice; allow 14 days |
| Broken fly screen | Landlord (wear) or Tenant (if damaged) | Depends on cause |
| Mould from structural defect (rising damp) | Landlord | Must repair the underlying structural cause |
| Broken window lock (not tenant’s fault) | Landlord | Security issue — higher priority |
| Oven or stove not working | Landlord (if provided under lease) | Give written notice |
| Broken door handle caused by tenant | Tenant | Tenant must repair or compensate |
Minimum Standards: New Rights Since 2021
From 29 March 2021, Victorian rental properties must meet minimum rental standards. If a property doesn’t meet these standards at the start of a lease, the landlord must bring it up to standard — regardless of rent price or property age.
| Minimum Standard | Requirement |
|---|---|
| Locks | External doors must have a functioning deadlock or equivalent |
| Heating | Fixed heater in the main living area (reverse-cycle A/C qualifies) |
| Vermin-proof | Gaps and cracks sealed; no open pest entry points |
| Plumbing and drainage | All fixtures in good working order |
| Bathroom | Functioning shower, toilet, and washbasin |
| Kitchen | Functioning sink with hot and cold water |
| Laundry | Laundry tub or washing machine connection point |
| Lighting | Adequate natural or artificial lighting in each habitable room |
| Ventilation | Windows that open or equivalent ventilation in all habitable rooms |
| Mould and damp | No dampness or mould caused by the building’s structure |
What Tenants Are Responsible For
Tenants are responsible for damage they — or their guests — cause beyond normal fair wear and tear. Common tenant responsibilities include:
- Replacing light globes and batteries in smoke alarms
- Keeping gardens and lawns mowed (if specified in the lease)
- Cleaning regularly and leaving the property clean at end of tenancy
- Not drilling holes or making structural changes without written consent
- Notifying the landlord promptly when any damage or fault is discovered
- Repairing damage they cause — or compensating the landlord through the bond
Fair Wear and Tear vs Damage
“Fair wear and tear” is the natural deterioration of a property from ordinary use over time. It is not the tenant’s responsibility. Understanding this distinction prevents disputes at the end of a tenancy.
| Fair Wear and Tear (Landlord’s Cost) | Damage (Tenant’s Cost) |
|---|---|
| Faded or worn carpet after several years | Stains, burns, or tears in carpet |
| Peeling paint in high-humidity areas (bathroom) | Unapproved holes or markings on walls |
| Worn door handles from regular use | Broken door handles from force or misuse |
| Faded curtains or blinds | Torn or broken blinds |
| Minor scuffs on skirting boards | Deep gouges or impact damage to skirting |
How to Resolve Disputes
If a landlord refuses to carry out repairs or a dispute arises about who is responsible:
- Send written notice — email or letter with photos documenting the issue and the date reported.
- Contact Consumer Affairs Victoria (CAV) — a free mediation service for renters and landlords at consumer.vic.gov.au/housing/renting.
- Apply to VCAT — the Victorian Civil and Administrative Tribunal handles all tenancy disputes. Filing fees apply (around $70–$90 for most residential tenancy applications). Applications can be lodged at vcat.vic.gov.au.
Top Tips and Gotchas
- Always give written notice for repairs. Verbal requests are hard to prove at VCAT. Email is sufficient — get a reply or send with read receipt.
- Photograph damage immediately. Date-stamped photos protect both tenants and landlords from inflated bond claims at end of tenancy.
- The bond is not a maintenance fund. Landlords cannot use the bond for general repairs or upgrades — only for damage caused by tenants beyond fair wear and tear.
- Cooling failure counts as urgent from December to March — if the forecast exceeds 40°C and the A/C is broken, this is a legislated urgent repair requiring action within 24 hours.
- Mould responsibility depends on the cause. Mould from structural damp (rising damp, leaking roof) is the landlord’s issue. Mould from tenant behaviour (not opening windows, drying clothes indoors) is the tenant’s.
- Property managers must relay repair requests. Landlords cannot claim ignorance if their property manager received notice and didn’t act — the obligation sits with the landlord.
- Minimum standards apply from day one. A landlord cannot rent a property that fails minimum standards and “get around to it” later — the standards must be met before any lease begins.
- Retaliatory evictions are illegal. A landlord cannot issue a notice to vacate within 120 days of a tenant asserting their rights — including requesting repairs. Such notices can be challenged at VCAT.
FAQ
Can a landlord increase my rent because I requested repairs?
No. Under the Residential Tenancies Act, a landlord cannot retaliate against a tenant for exercising their legal rights, including requesting repairs. Retaliatory rent increases or eviction notices issued within 120 days of a repair request may be contested at VCAT as retaliatory conduct.
Who pays for pest control — landlord or tenant?
Landlords are responsible for pest control for infestations present at the start of the tenancy or caused by structural issues (such as rodents entering through gaps in the building). Tenants are responsible if the infestation results from their behaviour or lack of cleanliness. Routine pest treatment at lease commencement is typically the landlord’s cost.
My hot water system stopped working. Can I arrange repair and claim the money back?
Yes — a burst or failed hot water system constitutes an urgent repair under Victorian law. If your landlord or property manager cannot be reached or fails to act promptly, you may arrange a licensed plumber and spend up to $2,500, keeping all receipts. The landlord must reimburse you within 7 days of receiving the invoice.
Who is responsible for maintaining the garden?
This depends on the lease. Most Victorian leases require tenants to maintain gardens in a reasonable condition — mowing lawns, watering, basic weeding. Major tree work, structural garden maintenance, and irrigation system repairs are generally the landlord’s responsibility. Check your specific lease before assuming either way.
The property has no fixed heater. Is that legal in Victoria?
No. Since 29 March 2021, all Victorian rental properties must have a fixed heater (reverse-cycle air conditioner, gas heater, or electric panel heater) in the main living area. If your property doesn’t comply, report it to Consumer Affairs Victoria — the landlord is legally required to install one at their cost.
The property manager says repairs aren’t urgent. Who’s right?
The law determines what counts as urgent — not the property manager. The Residential Tenancies Act Schedule 3 lists urgent repairs specifically. If your situation matches the list and the property manager dismisses it, send a written follow-up, contact Consumer Affairs Victoria, or if the repair cannot wait, exercise your self-help right and arrange a licensed tradesperson for up to $2,500.
