When things start breaking down in your rental and nothing seems to be getting fixed, it’s easy to feel stuck.
You’re paying rent, after all, so why isn’t the place being looked after?
You might wonder if it’s time to stop paying rent until something gets done.
Let’s walk through what the law says, what your options are and how to handle this situation without risking your tenancy.
If you stop paying rent, it can quickly lead to more trouble than it solves.
While it may seem fair, under Australian tenancy laws, renters must continue paying rent even when repairs are needed.
Withholding rent puts you in breach of your lease agreement and that can lead to eviction or tribunal action. So, best not to risk it.
But that doesn't mean you’re powerless.
You have rights and there are proper ways to get results.
Landlords are legally required to keep the property in a safe and liveable condition. This includes maintaining:
If something breaks or isn’t working, notify your agent or landlord ASAP.
Written communication (like an email or message through your tenant portal) is best, as it creates a clear record.
Some issues are classified as urgent, like a broken hot water system or a gas leak. These should be addressed quickly.
Others may be considered non-urgent but still need to be fixed within a reasonable timeframe.
Withholding rent may feel like a way to get things moving, but it often creates bigger problems. You could:
These consequences can make it harder to secure your next rental, even if your complaint is valid.
Rather than deciding to stop paying rent, try these to move things forward:
1. Keep a clear record
Track all your communication about the issue.
Include dates, times, who you spoke with, and what was said. Photos or videos can also help show the extent of the problem.
2. Speak to your agent
Your property manager is often your first point of contact.
While they don’t control repair budgets, they usually act on behalf of the owner and can follow up on your behalf.
Keeping a respectful tone helps maintain a good relationship and may encourage faster updates.
3. Contact your local tenancy service
If your requests are not being actioned and the delay is unreasonable, contact your state or territory’s tenancy authority.
They offer guidance and in some cases, can step in to help resolve the issue.
4. Apply for a repair order
If needed, you can apply to a tenancy tribunal for a repair order.
This includes the NCAT, VCAT or QCAT.
This will legally require the landlord to fix the issue within a set timeframe.
5. Request a rent reduction or compensation
If repairs significantly affect your ability to enjoy the property.
For example, if a room is unusable or heating has been out during winter, you might be eligible for a rent reduction or compensation.
This must be done through formal channels.
6. Urgent repairs: Can you fix it and be reimbursed?
In some states, you can arrange urgent repairs yourself up to a certain limit and then request reimbursement.
This only applies to emergencies and when the landlord can’t be reached.
You’re entitled to a well-maintained rental home, and it’s fair to expect timely repairs. The key is to stay calm, keep your rent payments going and use the correct channels to have your concerns addressed.
Proactive and patient tenants have the best chance of getting things fixed while avoiding tenancy risks that come with trying to stop paying rent.
You might also like:
> Rent arrears: What happens if you fall behind on payments?
> The financial implications of breaking a lease
> How often can landlords increase rent in Australia?
