Emergency repairs and tenants’ rights
Queensland Teachers' Journal, Vol 128, 8 November 2023, page no.8
The recently renewed Residential Tenancies and Rooming Accommodation Act 2008 (Qld) and the Residential Tenancies and Rooming Amendment Regulation 2022 provide the legal framework through which tenancies are managed by the Department of Education (DoE).
As essentially voluntary committees, local accommodation committees (LACs) and the elected local accommodation officer (LAO), should seek assistance from their local region and, when appropriate, from the Infrastructure Services Division (ISD), which manages the residential leases of other housing sources, if no department owned stock is available.
During a tenancy, the department is responsible for ongoing repairs and maintenance. There are two types of repairs identified in the act: routine and emergency. You should report the need for repairs as soon as possible.
Emergency repairs include:
- a burst water service or a serious water service leak
- a blocked or broken toilet
- a serious roof leak
- a gas leak
- a dangerous electrical fault
- flooding or serious flood damage
- serious storm, fire or impact damage
- a failure or breakdown of the gas, electricity or water supply
- a failure or breakdown of an essential service or appliance on the premises for hot water, cooking, or heating
- a fault or damage that makes the premises unsafe or insecure (including smoke alarms)
- a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant
- a serious fault in a staircase, lift or other common area that unduly inconveniences a tenant in gaining access to, or using, the premises
- minimum housing standards, which are only effective once minimum housing standards apply to the property – minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September and commence for all remaining tenancies on 1 September 2024.
Report emergency repairs immediately by contacting the LAO and copying in regional infrastructure services. Repairs should be carried out within a reasonable time. The act provides for the department to carry out emergency repairs without seeking the permission of the lessor if the repairs cost less than an amount equal to four weeks rent. Should emergency repairs not be carried out in a timely way, seek assistance from the QTU at qtad@qtu.asn.au.
Challenges may arise in remote areas, but this does not justify an emergency repair not being actioned as an emergency repair. The legal obligation is to get the repairs done in a timely way.
Rent can be decreased (or reimbursed) under certain circumstances, for example where there is a drop in the standard of the property. When the property manager/owner and tenant agree to reduce the rent, the agreement should be in writing and signed by everyone. This then forms part of the tenancy agreement.
The QTU is developing a brochure on tenants’ rights in relation to emergency repairs. Both the Rental Tenancy Authority and Tenants Queensland (previously the Tenants Union) provide excellent information in relation to tenant rights.
Residential Tenancies and Rooming Accommodation Act 2008 (Qld) https://www.legislation.qld.gov.au/view/html/inforce/current/act-2008-073
Residential Tenancies and Rooming Amendment Regulation 2022 https://www.legislation.qld.gov.au/view/html/asmade/sl-2022-0095#sec.2
Minimum housing standards
https://www.rta.qld.gov.au/during-a-tenancy/maintenance-and-repairs/minimum-housing-standards
Kevina O'Neill
Assistant Secretary – Services
I work in a remote community in Far North Queensland and live in Department of Education housing with my husband and 5-month-old baby.
Since December 2022, I have had a leak in my main bedroom roof. Over time, this created water damage to the bedroom ceiling Gyprock, which resulted in a hole in the ceiling. For 20 months, we lived with a bucket in the bedroom, water coming in and mould growing on the ceiling.
One of the struggles with living remote is the challenges of DoE housing and required maintenance. This leak was logged as an emergency issue, however it took 20 months for it to be fixed.
During this time, I spent countless hours communicating via email to anyone I could to get my roof fixed. We faced two tropical North Queensland wet seasons with a leaking roof and bedroom ceiling, which put a lot of stress on the family unit, and had a baby sleeping in the room with mould growing on the ceiling.
I reached out to the QTU for support as nothing seemed to be getting done to rectify the issue. With consistent, almost daily, communication between the QTU and myself and the relevant people in Qbuild and DoE, we were finally able to get the roof re-screwed and internal Gyprock replaced.
As part of this process, I worked with the QTU to file an individual employee grievance form, a workplace health and safety incident, and an RTA notice of breach. With support from QTU, we requested that all rent paid from four weeks after the filing of the maintenance request be repaid and no further rent be deducted until completion inspection. As of the beginning of September, the work has been completed and it has been agreed that rent will be reimbursed.
Nicole Doge
QTU Member