Landlord responsibilities are an important consideration for tenants who rent a home in Western Australia. Residential tenancy laws outline who is responsible for maintaining the rental property, how repairs should be handled, and what happens if maintenance issues arise during tenancy.
Landlord’s responsibilities for their rental property
Under WA’s residential tenancy laws, landlords have several key obligations when you are on a lease. Many of these require the owner to ensure the rental property is safe, functional, and compliant.
Essential or emergency repairs
1. What maintenance is the landlord responsible for?
Landlords must handle necessary repairs, ensure all included appliances are functional, and maintain other fixtures. This includes emergency or maintenance of air conditioning, plumbing, heating, and smoke alarms. Maintenance and regular inspections help the property comply with industry regulations and local government requirements.
2. Is my landlord responsible for mould?
According to the WA Government’s Commissioner’s Blog: Mould in rental properties, if mildew caused by leaks or wear and tear occurs, the landlord is responsible for addressing the issue.
3. Is the landlord responsible for blocked drains?
Blockages caused by structural issues or fair wear and tear are repairs that landlords must handle as part of their repair obligations. However, if the tenant causes the damage through negligence or misuse, they are responsible for repairing it.
Air conditioning system and fixtures
4. Is the landlord responsible for the air conditioner?
Yes. Landlords are responsible for maintaining the air conditioning system and other fixtures included in the rental property. Tenants must report any issues so the property manager can arrange necessary repairs or emergency repairs if the issue poses a safety risk.
5. TV aerial or cable: is it the landlord’s responsibility?
If a TV aerial, antenna, or cable connection is provided as a part of the rental property, then the landlord is responsible for maintaining it. These features are considered fixtures or appliances that the owner has chosen to provide to tenants. However, any damage a tenant causes is the tenant’s responsibility to repair or cover the costs of repair.
Safety of the rental property
According to WA Consumer Protection, rental home safety is the responsibility of both the landlord and tenant.
6. Smoke alarms: is it a landlord’s or a tenant’s responsibility?
Landlords must provide tenants with working smoke alarms to meet the minimum standards of rental properties. However, replacing batteries during the tenancy is usually a tenant’s responsibility. If there are any faults or damage to the alarm, the tenant should report it immediately so the landlord or property manager can arrange repairs or replacements if needed.
7. Who is responsible for building insurance?
There is no legal requirement under WA residential tenancy law that landlords must hold building or landlord insurance. However, it is strongly recommended that landlords have insurance cover for the property structure, fixtures, and fittings. Tenants are responsible for insuring their own belongings.
Outdoor and structural maintenance issues
8. Who is responsible for gutters and tree trimming?
Landlords handle gutter cleaning and major trees that pose a risk to the premises. Minor garden work may be a tenant’s responsibility if it is outlined in the tenancy agreement. During regular inspections, the property manager may check that the outdoor areas are being reasonably maintained.
9. Septic tank maintenance: Is the landlord or the tenant responsible?
Landlords must ensure the septic tank is in proper working order. Septic tanks are considered an essential system in the rental property, so the owner must arrange any necessary repairs. Good tenants must avoid causing damage from misuse and report issues promptly.
Tenant’s rights and responsibilities
Tenants have key obligations during a residential tenancy to maintain the rental property, prevent maintenance issues, and protect their security deposit. The tenant must keep the property clean, avoid causing damage to the rental property from misuse, and report any problems as soon as they notice them.
Everyday maintenance
10. Do tenants pay for water?
Tenants pay for water usage if it is specified in the tenancy agreement. Landlords or property owners cover the council tax and service charges unless otherwise agreed. It is important for tenants to always review the rental agreement to understand exactly which utilities they must pay during the tenancy.
11. Should the landlord or the tenant replace the light bulbs?
Tenants generally replace light bulbs, but any issues with the fixtures themselves are a landlord’s responsibility. This small task is considered the tenant’s responsibility because it falls under the property’s general upkeep.
12. Is the landlord or the tenant responsible for a clogged toilet?
If the clogged toilet was caused by the tenant’s misuse (excessive toilet paper, objects, etc.), the tenant is responsible. However, if it was due to fair wear and tear, then the landlord handles the necessary repairs.
Cleanliness and safety
13. Pest control: is it the tenant’s or the landlord’s responsibility?
Landlords must handle pest infestations arising from issues with the property, such as structural gaps or poor building conditions. However, tenants are still responsible for keeping the property clean to prevent pest infestations. If an infestation occurs due to the tenant’s failure to maintain basic cleanliness, the tenant may be responsible for treatment.
14. Garden care: is it the tenant’s responsibility?
Tenants may handle minor gardening, such as mowing lawns or keeping outdoor areas tidy, if the tenancy agreement requires it. However, major landscaping and trees remain the landlord’s responsibility, especially if they affect safety.
15. Is the tenant or the landlord responsible in the case of asbestos exposure?
Landlords are responsible for maintaining a safe property and managing asbestos-related risks because they relate to the structural condition and safety of the rental property. Tenants must avoid exposing themselves and report any issues immediately.
Receive guidance on residential tenancy with HKY Real Estate
If any issues arise about maintenance and repair obligations, knowing your rights and responsibilities is essential. At HKY Real Estate, our experienced team can provide tenants in Western Australia with guidance on tenancy agreements and which issues are the tenant’s vs the landlord’s responsibilities.
For many decades, we have helped tenants make sure that their rental property remains in excellent condition and protects their security deposit. Contact HKY Real Estate today!
