Repairs and Maintenance in a Brisbane Rental: Urgent vs Routine, Who Pays, and What Happens If Nothing Gets Fixed

If something breaks in a Brisbane rental, the process for getting it fixed comes from the same statewide law that applies everywhere in Queensland: the Residential Tenancies and Rooming Accommodation Act. Under the Act, every rental property must be kept safe, secure, in good repair and fit to live in for the whole tenancy — not just on move-in day, and not just to the minimum housing standards that apply from day one. The Act splits repairs into two categories, each with a different process. Getting the category right determines how fast something has to be fixed, and who can act if it isn't.

The two categories: emergency and routine

The Act only defines "emergency repairs." Anything not on that list is automatically a routine repair.

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 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 that unduly inconveniences a tenant accessing or using the premises
• any repair needed to bring the property up to Queensland's minimum housing standards.

Rooming accommodation exception: emergency repairs don't apply to rooming accommodation agreements. Every repair in rooming accommodation is treated as a routine repair.

Emergency repairs: what to do

1. Contact the property manager/owner, or the repairer named in your tenancy agreement, straight away.
2. If you can't reach either of them, or the repair isn't promptly addressed, you can arrange a suitably qualified person to do the repair yourself, up to the value of 4 weeks' rent.
3. Request reimbursement in writing, with all receipts attached, and give the property manager/owner a minimum of 7 days to pay you back.
4. If they don't reimburse you within that 7-day window, you can apply directly to QCAT for an urgent decision — you do not need to go through RTA dispute resolution first for this type of application.

The property manager/owner can also apply to QCAT if they disagree with your reimbursement request. Our guide to RTA dispute resolution and QCAT explains which tenancy matters can skip straight to the tribunal like this one, and which need conciliation first.

Routine repairs: what to do

1. Tell the property manager/owner in writing as soon as possible once you're aware of the issue.
2. Don't arrange the repair yourself without their written permission — this is different from the emergency process.
3. The property manager/owner must have it fixed within a reasonable timeframe. The Act doesn't set a fixed number of days for routine repairs.
4. If nothing happens, you can issue a Notice to Remedy Breach (Form 11), giving them a minimum of 7 days to act.
5. If it's still not resolved, you can use the RTA's free dispute resolution service.
6. If dispute resolution doesn't fix it, you can apply to QCAT for a repair order.

Repair orders (QCAT)

A repair order is a formal QCAT order requiring a property manager/owner to fix routine or emergency repairs. Some things to know:

• Repair orders apply to all tenancy types except moveable dwelling short tenancies and rooming accommodation agreements.
• A repair order stays in effect until it's complied with — it does not expire when the tenancy ends or the property is sold.
• Non-compliance with a repair order is an offence carrying 50 penalty units.
• A property manager/owner who genuinely can't meet the deadline (for example, due to remote-location access issues for materials or tradespeople) can apply to QCAT for a time extension before the due date.
• QCAT provides the RTA with a copy of every repair order and any extensions granted.

Who pays

As a general rule, the property manager/owner is responsible for the cost of repairs — this is part of their obligation to keep the property safe, secure and in good repair for the whole tenancy.

Remember that a repair itself doesn't change the rules around when someone can enter the property to carry it out — routine repairs and maintenance still require at least 24 hours' written notice.

References

• RTA — Emergency repairs
• RTA — Routine repairs
• RTA — Repair orders
• RTA — Repair guidelines for tenants factsheet

This guide summarises rules published by the Residential Tenancies Authority (RTA) at the time of writing. Live in Brisbane is an independent project and is not affiliated with the RTA, the Queensland Government, or the Queensland Civil and Administrative Tribunal. For advice on your specific situation, contact the RTA directly on 1300 366 311 or visit rta.qld.gov.au.