New South Wales Consolidated Acts
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RESIDENTIAL TENANCIES ACT 2010 - SECT 65
Tenants' remedies for repairs--Tribunal orders
65 Tenants' remedies for repairs--Tribunal orders
(1) Orders for which tenant may apply The Tribunal may, on application by a
tenant, make any of the following orders--
(a) an order that the landlord
carry out specified repairs,
(b) an order that the landlord reimburse the
tenant an amount for urgent repairs carried out by the tenant,
(c) an order
that the landlord reimburse the tenant an amount for repairs to a smoke alarm
carried out by the tenant under section 64A(3).
(2) Orders for repairs The
Tribunal may make an order that the landlord carry out specified repairs only
if it determines that the landlord has breached the obligation under this Act
to maintain the residential premises in a reasonable state of repair, having
regard to the age of, rent payable for and prospective life of the premises.
(3) In deciding whether to make an order under this section, the Tribunal--
(a) must take into consideration the regulations, if any, made under
subsection (6), and
(b) may take into consideration whether the landlord
failed to act with reasonable diligence to have the repair carried out.
The Tribunal must not determine that a landlord has breached the obligation
unless it is satisfied that the landlord had notice of the need for the repair
or ought reasonably to have known of the need for the repair.
Reimbursement for urgent repairs The Tribunal may order that the landlord
reimburse the tenant an amount for urgent repairs carried out by the tenant if
it is satisfied that the landlord has failed to reimburse the tenant for the
costs in accordance with this Division.
(5) Payment of rent into Tribunal The
Tribunal may order that all or part of the rent payable under a
residential tenancy agreement be paid into the Tribunal until an order under
this section has been complied with.
(6) Guidelines relating to reasonable
time for repairs The regulations may provide for guidelines relating to
reasonable times within which repairs to, and maintenance of,
residential premises required to be carried out by the landlord under the
residential tenancy agreement, this Act or any other Act or law should be
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