Queensland laws and regulations require that any tenanted residential premises are safe. Landlords have a duty of care toward their tenants to reduce health and safety risks.
Your landlord and/or their real estate agent are responsible for ensuring that your rental property is fit for you to live in and in good repair. Repairs to the property must be carried out within a reasonable time.
If you identify something that could pose a hazard or risk of injury at your rental property, you should advise your landlord or real estate agent immediately. If you are injured, your rights to compensation may depend on whether or not you can prove that the landlord and/or real-estate agent had notice of the hazard or circumstances that caused the injury.
If your landlord fails to take action within a reasonable time, you can issue a Notice to remedy breach (Form 11) which gives them 7 days to fix the problem.
If the repairs required are urgent, such as a gas leak, dangerous electrical fault, fault in a staircase or other damage that makes the property unsafe, and you cannot get in touch with your landlord or real estate agent, you have the right to arrange for a qualified tradesman to effect the repairs up to a maximum value of 2 weeks rent.
If your landlord refuses to fix an unsafe situation at your rental property and you cannot take action yourself to have it repaired, you can make an urgent application to the Residential Tenancy Disputes division of the Queensland Civil and Administrative Tribunal (QCAT) for orders compelling the landlord to address the matter.
Instructions on how to make an application as well as forms can be located on the QCAT website.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
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