My landlord won’t do repairs in NSW — what can I do?

You have real options — from a formal written request through to a NCAT order forcing your landlord to fix the problem.

Waiting for repairs that never come is one of the most common frustrations in NSW rentals. But the law gives you a clear escalation path. If your landlord ignores your repair requests, you are not stuck.

What your landlord is legally required to do

Your landlord must keep your home in a reasonable state of repair. Section 63 of the Residential Tenancies Act 2010 makes this a term of every tenancy agreement. It applies regardless of the age of the property or how much rent you pay — those factors are just weighed when judging what “reasonable” looks like.

The obligation doesn’t go away because you knew about the problem before you moved in. Section 63(2) says the duty still applies even if you had notice of the disrepair when you started your tenancy.

If the repair is urgent, different rules apply

Some repairs are urgent by law — a burst pipe, gas leak, dangerous electrical fault, broken heater or stove are examples. Section 62 defines what counts.

For urgent repairs, there is a faster self-help pathway under section 64. You can arrange and pay for the repair yourself, and your landlord must reimburse you within 14 days for costs up to $1,000.

This article focuses on the non-urgent pathway. For urgent repairs, see what counts as an urgent repair in a NSW rental.

The escalation ladder for non-urgent repairs

For non-urgent repairs, the law expects a reasonable process before formal action. Here is how it typically works.

Step 1 — Send a written request

Put your repair request in writing. An email or text message is fine. Describe the problem clearly, including what needs fixing and where. Keep a copy.

A written record is important later. Under section 65C, the Secretary can only investigate if you have already made a written request to the landlord.

Step 2 — Wait a reasonable time

The RTA does not specify an exact number of days for non-urgent repairs. What counts as reasonable depends on the nature of the problem. A leaking gutter and a failing ceiling are different things. Keep notes on the timeline.

Step 3 — Send a written follow-up

If you hear nothing, follow up in writing. Restate the problem, note that you sent an earlier request, and ask for a response by a specific date. This creates a paper trail.

Step 4 — Lodge a Fair Trading complaint

If the landlord still does not act, you can lodge a complaint with NSW Fair Trading. This is free and provides a conciliation service. A Fair Trading officer contacts both parties and tries to reach an agreement without going to a tribunal.

Many disputes are resolved here. Fair Trading also gives the landlord a formal notice that you are serious.

Step 5 — Apply to the Secretary under s65C

If Fair Trading conciliation does not resolve the problem, you can apply in writing to the Secretary (NSW Fair Trading) for a formal investigation under section 65C. The Secretary can investigate whether your landlord has breached their obligations under section 63.

If the Secretary is satisfied a breach has occurred, they can issue a landlord rectification order — a written order directing the landlord to carry out the repairs by a specified date. Non-compliance carries a maximum penalty of 20 penalty units (section 65C(8)).

To use this pathway, your written repair request to the landlord must have specified what repairs were needed, and the landlord must have refused or failed to carry them out without reasonable excuse.

Step 6 — Apply to NCAT under s65

You can also apply directly to the NSW Civil and Administrative Tribunal (NCAT) without going through the Secretary first. The s65C and NCAT pathways are not mutually exclusive.

What NCAT can order

Under section 65(1), NCAT can make several orders in your favour:

• An order that the landlord carry out specified repairs (section 65(1)(a))
• An order reimbursing you for urgent repair costs if the landlord failed to do so (section 65(1)(b))

Before ordering repairs, NCAT must find that the landlord has breached the section 63 obligation. Under section 65(3A), NCAT must also be satisfied the landlord had notice of the need for the repair, or ought reasonably to have known. This is why your written requests — and the dates you sent them — matter.

NCAT may also consider whether the landlord failed to act with reasonable diligence (section 65(3)(b)).

If the landlord still does not comply after an order is made, NCAT can order that all or part of your rent be paid into the Tribunal instead of to the landlord, until the order is complied with (section 65(5)). This is a powerful lever.

Beyond the s65 repair-specific orders, NCAT can also award compensation for the landlord’s breach of the section 63 obligation under sections 187(1)(d) and 187(2)(b). In practice this can reflect the reduced value of the premises during the period of disrepair — effectively compensating you for what you were paying in rent while the property was not up to standard. If the disrepair made the premises wholly or partly uninhabitable, rent is abated by operation of law under section 43(2), and NCAT can fix the reduced amount and order repayment of any excess already paid (section 45).

The NCAT application window

Applications to NCAT under s65 must be made within 3 months of the date you became aware of the breach (section 190 and clause 39(9) of the Residential Tenancies Regulation 2019). If your landlord has been delaying repairs for a long time, apply promptly — do not wait indefinitely, or you may find yourself out of time.

The retaliation concern — s115

Some tenants worry that making a repair complaint will put their tenancy at risk. This concern is legitimate, but there is specific protection in the law.

Section 115 says NCAT can declare a termination notice to have no effect — or refuse to make a termination order — if it finds the landlord was wholly or partly motivated to give the notice because you applied to NCAT, proposed to apply, or took other steps to enforce your rights.

If you complain about repairs in writing and your landlord shortly after issues a termination notice, that timing is relevant evidence. Tell NCAT about it.

For more on this, see Can my landlord evict me without a reason in NSW?

In extreme cases — s103 termination for landlord breach

If the repairs are serious and the landlord persistently refuses to fix them, you can apply to NCAT for a termination order under section 103. NCAT can end the tenancy if it is satisfied the landlord has breached the agreement and the breach is serious enough to justify termination.

This is a last resort. NCAT will look at the nature of the breach, any previous breaches, and any steps the landlord has taken to fix things (section 103(2)). You do not have to give the landlord any notice before applying (section 103(4)).

For more on what this involves, see How do I break my lease early in NSW?

Keep a paper trail from the start

The single most important thing you can do is document everything. Save every message, note every date, and take photos of the problem. NCAT and Fair Trading both work on evidence. A clear, dated record of what you asked for and when — and what the landlord did or did not do — makes your case significantly stronger at every step of this process.

Also be reasonable in providing access for the landlord or their tradespeople to actually carry out the repairs. Document your availability and any access arrangements in writing — NCAT may consider whether you contributed to any delays.

If mould is part of the problem, see Who is responsible for mould in a NSW rental? for specific guidance on that repair type.

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