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Extreme weather events have become a worryingly more common way of life for Australians.
In light of recent natural disasters, Western Australia’s Consumer Protection Commissioner, Patricia Blake, has reminded tenants and landlords alike of their rights and responsibilities when a home is damaged due to elements outside of their control, such as bushfires, storms and floods.
Ms Blake acknowledged that when a home is damaged, it’s already stressful enough. For renters, an added point of anxiety can be the fact that they are beholden to their landlord for repairs.
In Western Australia, as in other states, tenancy laws provide clarity for both parties on what they should expect in this situation.
As Ms Blake explained: “Following damage to a rental home, the landlord is legally responsible for necessary repairs and maintenance to bring the property back to a liveable condition.”
In Western Australia, if a tenant continues to be able to live in the rental, repairs to required essential services such as power, gas, water – including supply of hot water – and sewage must be arranged within 24 hours. If any other issues could cause someone harm or undue hardship, or cause further damage, then works need to be arranged within 48 hours.
Tenants should know that when it comes to urgent repairs, if they are unable to reach the landlord within 24 hours or the landlord fails to act within that period, tenants are able to employ a suitably qualified repairer to fix the issue to the minimum standard.
Ms Blake noted, however, that in cases where large areas have been affected, it can be difficult to get tradespeople to homes within this time frame as they are inundated with requests for repair.
When services to an entire area have been impaired – such as when power poles are taken out or the water supply is compromised – it can take the authorities some time to resolve the issues.
“The landlord could consider providing a generator, potable water or if not, then a rent rebate for the duration. In these cases, Consumer Protection can assist the parties to reach a mutual agreement,” Ms Blake said.
For the management of debris, emergency services may have a cleaning program in place, so it’s important to check with local authorities on what level of clean-up they are providing.
In the unfortunate situation where a house has been destroyed or deemed unfit to live in by the local authority, Ms Blake advised that either the tenant or the landlord should immediately provide notice for the lease to end. A tenant is able to provide two days’ notice in these circumstances, whereas a landlord must provide seven days.
In either case, the landlord must finalise the tenancy and repay the bond in the normal way, minus any mutually agreed expenses incurred by the landlord. The landlord doesn’t have to provide alternative accommodation.
Beyond tenancy concerns, Ms Blake also urged anyone who lives in an area that is dealing with the after effects of a natural disaster to be wary of door-to-door tradespeople offering cash-only services for repairs. Travelling conmen and unlicensed traders often target areas after a disaster, she warned.
ABOUT THE AUTHOR
Juliet Helmke
Based in Sydney, Juliet Helmke has a broad range of reporting and editorial experience across the areas of business, technology, entertainment and the arts. She was formerly Senior Editor at The New York Observer.
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