Can I arrange urgent repairs myself and get reimbursed in NSW?

Yes — if your landlord is unreachable and an urgent problem needs fixing now, you can arrange the repair yourself and claim back up to $1,000 within 14 days under section 64 of the Residential Tenancies Act 2010.

Picture this: it is Saturday evening and your hot water system has failed. You call your property manager. No answer. You leave a message. Still nothing. The repair needs to happen, not on Monday. NSW law gives you a clear pathway in exactly this situation.

This article explains what qualifies as an urgent repair, what you must do before you spend any money, and how to get reimbursed.

What counts as an urgent repair?

Section 62 of the Residential Tenancies Act 2010 defines “urgent repairs” as work needed to fix any of the following:

• a burst water service
• an appliance, fitting or fixture that uses water or is used to supply water that is broken or not functioning properly, so that a substantial amount of water is being wasted
• a blocked or broken lavatory system (the Act’s word for toilet)
• a serious roof leak
• a gas leak
• a dangerous electrical fault
• flooding or serious flood damage
• serious storm or fire damage
• a failure or breakdown of the gas, electricity or water supply to the premises
• a failure or breakdown of any essential service on the premises for hot water, cooking, heating, cooling or laundering
• any fault or damage that causes the premises to be unsafe or insecure
• any other damage prescribed by the regulations (none currently prescribed)

That “unsafe or insecure” category is broader than it looks. A broken external lock, for example, can qualify under s62.

If your problem is not on this list, it is a non-urgent (routine) repair. The self-arrange-and-reimburse pathway in s64 does not apply to routine repairs. A separate escalation process exists for those situations, which a forthcoming RentWiz article will cover.

The six conditions you must meet

Before you spend a cent, section 64 requires you to satisfy six conditions. Miss one and your right to reimbursement may not apply.

1. The problem was not caused by your breach

The state of disrepair must not have resulted from a breach of the tenancy agreement by you (s64(2)(a)). If you broke something, you pay for it. If it simply wore out or failed on its own, that is on the landlord.

2. You notified the landlord (or genuinely tried to)

You must have given the landlord or their agent notice of the disrepair, or made a reasonable attempt to do so (s64(2)(b)). A phone call, text message, or email all work. Keep a record. If you cannot reach anyone, document every attempt you made and when you made it.

3. You gave a reasonable opportunity to fix it

If you did reach the landlord or agent, you must have given them a reasonable opportunity to arrange the repair (s64(2)(c)). For a genuine emergency — a gas leak, for instance — the reasonable opportunity can be very short. For a broken cooktop at 9 pm on a Sunday, call, leave a message, and then act if there is no response.

4. You tried to contact any nominated repairer

If your tenancy agreement nominates a licensed or otherwise properly qualified person to carry out repairs, you must make a reasonable attempt to arrange for that person to do the work (s64(2)(d)). This is often a property manager’s preferred tradesperson. If you cannot reach them, that is fine — you have met the obligation by trying.

5. You used a qualified person

The repair must be carried out by a licensed or otherwise properly qualified person (s64(2)(e)). Do not do it yourself and then claim reimbursement. Do not ask a friend who “knows about plumbing.” Hire a licensed tradesperson. This requirement protects everyone.

6. You gave written notice with receipts as soon as practicable

As soon as practicable after the repair is done, you must give the landlord or agent written notice setting out the details of the repair and the costs, along with receipts or copies of receipts (s64(2)(f)). Do this promptly. Do not wait weeks.

The $1,000 cap and what happens above it

Section 64(3) sets the maximum reimbursement at $1,000, “or such other amount as may be prescribed by the regulations.” No regulation currently prescribes a higher amount, so $1,000 is the working cap in 2026.

If the repair is going to cost more than $1,000, you have a choice before the work is done.

One option is to get landlord consent first. Section 64(4) says nothing prevents a tenant from making repairs with the landlord’s consent and being reimbursed. If you can reach the landlord and they agree to a higher cost repair, get that agreement in writing.

Without landlord consent, costs above $1,000 are not recoverable under s64. Your remaining option is an application to NCAT under s65 for the over-cap portion, arguing the landlord’s failure to respond forced the higher spend. That takes more time and documentation and the outcome is not guaranteed. The cleanest approach is to cap your spend at $1,000 unless the landlord has agreed to more in writing.

If you genuinely cannot afford to pay for the repair upfront at all, s64 is not your only pathway. Under section 65(1)(a) of the Residential Tenancies Act 2010, NCAT can order the landlord to carry out specified repairs. For genuinely urgent situations, NCAT can list matters for an urgent hearing. This shifts the “who pays first” problem back to the landlord where it belongs, though it takes longer than the self-arrange pathway.

How to claim the money back

Once the repair is done, the reimbursement process is straightforward.

Send written notice to your landlord or agent as soon as practicable. Include a description of the repair, the total cost, and attach all receipts or invoice copies. Keep a copy of everything you send.

Under s64(1), the landlord must reimburse you not later than 14 days after receiving that written notice.

That 14-day window is tight. It runs from when they receive the notice. If you send it by email, that is usually the same day. If you post it, allow extra days for delivery in your own planning — though s64 itself does not extend the 14-day clock for postal delays.

What if the landlord refuses to pay?

If the landlord does not reimburse you within 14 days, or disputes your claim, you can apply to NCAT for a reimbursement order.

Section 65(4) of the Residential Tenancies Act 2010 gives the Tribunal specific power to order a landlord to reimburse you for urgent repairs if it is satisfied the landlord has failed to do so in accordance with the Act.

Before filing, gather everything: your written attempts to contact the landlord, the name and licence details of the tradesperson you used, all receipts, and a copy of the notice you sent after the repair. Good documentation is the difference between a quick win and a long hearing.

Can I stop paying rent instead?

No. Even if your landlord is ignoring an urgent repair, you must continue paying your rent in full and on time. Withholding rent is a breach of your tenancy agreement, and can give the landlord grounds to issue a termination notice. It also weakens your position at NCAT if the matter escalates.

The correct pathway is either the s64 self-arrange-and-reimburse route, or an application to NCAT under s65 for orders. Do not stop paying rent as a form of pressure.

Not sure if your situation counts as an urgent repair?

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A note on documentation and qualified tradespeople

Two things determine whether an s64 reimbursement claim succeeds.

First, documentation. Record every call you made, every text you sent, and every attempt to reach your landlord or their agent. Screenshot messages with timestamps. This evidence is your proof that you met the notice and reasonable-opportunity conditions in s64(2)(b) and (c).

Second, use a properly qualified person. Section 64(2)(e) is a hard requirement. A licensed plumber, licensed electrician, or appropriately qualified person for the relevant trade is non-negotiable. Keep their licence number and their invoice. If the landlord disputes your claim at NCAT, proof that a qualified person did the work removes one of their easiest arguments.