Can tenants make urgent repairs?

Oct 10, 2022, 16:12 PM
Title : Can tenants make urgent repairs?

Urgent repairs are defined by the Residential Tenancies Act and fall into two categories: repairs that are necessary for the supply or restoration of an essential service and other urgent repairs.

Essential services are listed as electricity, gas, a functioning refrigerator (if one is provided with the premises), waste water management treatment and water generally, including the supply of hot water.

Arrangements for repairs that are necessary to supply or restore an essential service must be made with a suitable repairer within 24 hours.

Urgent repairs are those that are not necessary for the supply or restoration of an essential service, but may nevertheless cause damage to the premises, injure a person or cause undue hardship or inconvenience to the tenant e.g. a broken window.

Arrangements for these repairs must be made within 48 hours.

In every tenancy, if the need for urgent repair is required other than as a result of a breach of the agreement by the tenant the following must be adhered to:

  • The tenant is to notify the owner or the property manager of the need for urgent repairs as soon as practicable.
  • The owner is to ensure that the repairs are carried out by a suitable repairer as soon as practicable after that notification.
  • If within 24 hours (in the case of repairs for the supply or restoration of essential services or 48 hours in the case of other urgent repairs), the owner or property manager cannot be contacted, or the owner fails to ensure that the repairs are carried out by a suitable repairer, the tenant may then arrange for the repairs to be carried out to the minimum extent necessary to effect those repairs.
  • If a tenant arranges for repairs to be carried out, the owner must, as soon as practicable reimburse the tenant for any reasonable expense incurred by the tenant in arranging for those repairs to be done.
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