Emergency repairs

Rental law changes introducing minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023 and for all remaining tenancies from 1 September 2024.

Repairs that are required to make the rental property comply with minimum housing standards are classified as emergency repairs.

The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) states that there are two types of repairs – emergency and routine repairs. Emergency repairs are defined in the Act. Any repairs that are not listed as emergency repairs in the Act are routine repairs.

Emergency repairs are:

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 (this includes 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 of the premises that unduly inconveniences a tenant in gaining access to, or using, the premises
minimum housing standards came into effect for new tenancies (including renewed tenancy agreements) from 1 September 2023 and for all remaining tenancies from 1 September 2024.

Emergency repairs do not apply to rooming accommodation. All repairs to rooming accommodation are defined as routine repairs.

Emergency repair process

The property manager/owner is required to provide details of a contact for emergency repairs in the tenancy agreement. The tenancy agreement must also state if the nominated repairer or the property manager/owner should be the first point of contact for emergency repairs.

If an emergency repair is required, the tenant should make every effort to contact the emergency contact listed on the tenancy agreement as soon as they become aware of the issue.

When the emergency repair contact is not available

If the tenant is unable to contact the emergency repair contact within a reasonable timeframe, either they or the property manager can arrange repairs up to a maximum value of four weeks’ rent.

Where possible, the repairs should be made by the nominated repairer listed on the tenancy agreement. If the nominated repairer cannot be contacted within a reasonable time, or is not available to make the repairs, the tenant or property manager can arrange for another suitably qualified tradesperson to make the repairs.

Scenario a: the property manager is listed as the emergency contact

The tenant should make every effort to contact the property manager and organise for them to make the repairs.

If the property manager does not respond or is not available to address the repairs in a reasonable timeframe:

the tenant can organise and pay for the nominated repairer listed on the tenancy agreement to make emergency repairs up to the value of four weeks’ rent and seek reimbursement from the owner in writing
if the nominated repairer cannot be contacted or is unavailable to make the repair, the tenant can organise and pay for another suitably qualified tradesperson to make emergency repairs up to the value of four weeks’ rent and seek reimbursement from the owner in writing
the tenant can contact the owner directly (if they have the owner’s contact details) and ask for them to arrange the repair
the tenant can make an urgent application to QCAT for a repair order.

Scenario b: the property owner is listed as the emergency repair contact

The tenant should make every effort to contact the property owner and organise for them to make the repairs.

If the property owner does not respond or is not available to address the repairs in a reasonable timeframe:

the tenant can organise and pay for the nominated repairer listed on the tenancy agreement to make emergency repairs up to the value of four weeks’ rent and seek reimbursement from the owner in writing
if the nominated repairer cannot be contacted or is unavailable to make the repair, the tenant can organise and pay for another suitably qualified tradesperson to make emergency repairs up to the value of four weeks’ rent and seek reimbursement from the owner in writing
contact the property manager (if there is one) and ask them to organise repairs on behalf of the owner
make an urgent application to QCAT for a repair order.

Scenario c: the nominated repairer is listed as the emergency contact

The tenant should speak to the nominated repairer about payment. The nominated repairer may organise for the property manager/owner to pay for the repairs directly, or they may ask the tenant to pay for the repairs and seek reimbursement from the property manager/owner.

The tenant can pay for emergency repairs up to the value of four weeks’ rent and can seek reimbursement in writing from the owner. If the nominated repairer requests payment, and the tenant cannot afford it, or the repairs would cost more than the equivalent of four weeks’ rent, the tenant should speak to the property manager/owner.

If the tenant is not able to contact the nominated repairer after making reasonable efforts, or if the nominated repairer is not available to make the repairs in a reasonable timeframe:

the tenant can contact the property manager/owner who can arrange for another suitably qualified tradesperson to make the repair
the tenant can organise and pay for another suitably qualified tradesperson to make emergency repairs of up to the value of four weeks’ rent and seek reimbursement from the owner in writing
the tenant can make an urgent application to QCAT for a repair order.

Reimbursement for repairs

If the property manager pays for the emergency repairs, they may make deductions up to the cost of four weeks’ rent. They may make these deductions from the paid rent, before transferring the remainder to the property owner’s account.

If the tenant pays for repairs, they must request reimbursement from the property manager/owner in writing. The tenant needs to provide all receipts to the property owner/manager and give them a minimum of seven days to reimburse the money.

The tenant can make an urgent application to Queensland Civil and Administrative Tribunal (QCAT) for a decision if the property manager/owner does not reimburse them for repairs, once the deadline has passed (this must be a minimum of seven days). The tenant does not need to go through RTA dispute resolution for an urgent application and can apply directly to QCAT.

The property manager/owner can also apply to QCAT if they disagree with the request for reimbursement.

Repair orders

A repair order is an order made by the QCAT addressing repairs that are needed to the rental property or its inclusions. It ensures that property managers/owners take action to address repairs to a rental property and its inclusions in a timely manner.

The tenant may make an urgent application to QCAT for a repair order for an emergency repair if either of the following applies:

the tenant has not been able to notify the nominated repairer or the property manager/owner and is not able to organise for a suitably qualified person to carry out emergency repairs
the emergency repair was not made within a reasonable time after the tenant notified the nominated repairer or the property manager/owner.

Learn how to apply for a repair order in the repair orders factsheet.

What happens if the emergency repairs have been caused by the actions of the tenant?

Generally, if the tenant or a guest of the tenant damages the premises or inclusions (either maliciously, intentionally, or accidentally) they would have to pay for any damage caused.

If there is an unnecessary delay in notification and the damage is then beyond repair or will cost more because of the delay, the tenant may be liable for costs.

The tenant may be asked to compensate the property manager/owner for the cost of repairing the damage if the repairs are carried out by the lessor.

Example: The tenant has accidentally broken a window while playing basketball outside. The tenant notifies the property owner/manager they have accidentally broken the window. However, the tenant cannot currently afford to make the repairs.

As the managing party of the property, the property manager/owner has an obligation to ensure the premises is reasonably secure. They repair the window at their cost and enter into a payment plan with the tenant to recover the cost for the repairs.

What happens if the property manager/owner does not comply with a repair order?

A repair order is a legally binding order issued by QCAT. If the property owner/manager believes the repair order cannot be completed by the due date stated, they should make an urgent application to QCAT for a time extension prior to the due date of the repair order, to avoid non-compliance.

If the property manager/owner does not comply with a repair order in the time specified on the order notice, and no extension has been granted, the tenant has three options:

They may be able to take the matter to the Magistrates Court for enforcement. More information can be found on the QCAT website.
They may issue the property manager/owner with a Notice of intention to leave (Form 13) on the grounds of failure to comply with a repair order.
Tenants can request an RTA investigation into non-compliance with a repair order on the how to request an investigation webpage. Tenants can request an investigation, even if they chose to take the matter to the Magistrate Court or issue a Notice of intention to leave (Form 13).

What happens if the emergency repairs are caused by a natural disaster?

There are special rules in place if a rental property is damaged in a natural disaster. See the natural disasters webpage for more information.

Residential Tenancies Authority

During a tenancy

During a tenancy

Emergency repairs