If you have a seriously clogged drain, a broken pipe or you need to sort out a toilet that is well and truly broken, who covers the cost? The landlord or the tenant?

This is a very common question, and while it might be easy to give a quick answer, there are situations where it might not be cut and dry, and you might need to get tenancy legal professionals involved to determine the outcome.

Just because a tenant is paying rent doesn’t mean they don’t need to pay for some repairs, and while a plumbing repair is one thing, if the damage or repair is required due to misuse, the tenant may need to come to the party and cover the cost of specific repairs.

Who is responsible for a broken pipe?

If the pipe is broken due to general wear and tear, the landlord is responsible for covering the cost of repair. However, the repair is due to misuse or malicious treatment, this can then fall onto the tenant to cover the cost of the plumbing repair or replacement of the broken pipe.

Not every situation is clear cut and ensuring the tenant and the landlord have a water-tight tenancy agreement will help to ensure both parties understand who is responsible for what.

Will the landlord pay if there is a plumbing emergency?

The same applies for a plumbing emergency, regardless of the time of day, if you have a broken toilet, leaking tap, cracked pipe or the property is flooding, a tenant can call in an emergency plumber to fix the plumbing issues and get it sorted quickly.

Plumbing emergencies can include a range of issues including no running water, leaks, broken water heater, overflowing toilets, and a burst pipe that is flooding the property. If it is not clear if the issue constitutes an emergency, a quick call to your emergency plumber on the tenancy agreement can help to ensure you are minimizing damage and getting the issue sorted in a timely manner.

How does a tenant find out what they need to repair and what the landlord will cover?

If there are plumbing issues that you know need to be repaired but can wait until business hours, the landlord should arrange a plumber to attend the property within two days of the plumbing issue being flagged.

If landlords are not responsible and timely with plumbing repairs, maintenance, and general upkeep of the property to ensure it is safe, there can be consequences and fines can be administered for landlords that do not keep the property safe for tenants.

Find out more about what landlords should include and not include in the lease agreement. You can find a lease agreement template here and a customisable tenancy agreement here. If there are any questions regarding repairs, it is important to discuss the issues or concerns with landlords, property managers, or the state-based tenancy authority or ombudsman.

Real Estate Plumbing Repairs : Who Pays for Repairs? by Hayden Smith