Under the Residential Tenancies Act 1994 the lessor is responsible for repair and maintenance of the rental premises. At the start of your tenancy the premises should be clean, in good repair, fit for you to live in and comply with all health and safety standards.

During the tenancy the lessor must ensure that repairs and maintenance is carried out. Failure to comply with the repair requirements of the Act represents a breach of the agreement.

Tenants have an obligation to notify the lessor or agent about any damage to the premises or repair and maintenance issue. It is best to do this in writing so that you can keep a written record. Tenants can use a Notice to Remedy Breach form 11 to notify the lessor or agent about repairs.

Tenants must take care for the premises during the tenancy and are responsible for any damage to the premises caused by the tenant or their visitors during the tenancy. However tenants are not responsible for maintenance that is the result of fair wear and tear arising from the reasonable use of the premises over time.

At the end of the tenancy tenants must leave the premises in the same condition they were in at the start of the tenancy, fair wear and tear excepted.

Disputes can arise at the end of the tenancy regarding damage and maintenance. To protect themselves tenants should carefully complete an Entry Condition Report when they move into the premises and complete and Exit Condition Report when they move out. When vacating premises it is also useful to take photos of gather other evidence to avoid possible disputes over the refund of the bond.
For more information about repair issues see the Fast Facts on Tenancy below
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