Guides
Who pays for plumbing repairs: tenant or landlord?
In NSW, landlords pay for plumbing repairs caused by fair wear and tear, while tenants pay when they caused the damage. For urgent repairs like a burst pipe or gas leak, tenants can arrange fixes up to about $1,000 and be reimbursed within 14 days if the landlord is unreachable.
A blocked toilet in a rental raises the same question every time: who is paying for this? In NSW the answer is usually clearer than people expect, and it comes down to what caused the problem.
The general rule in NSW
Landlords are responsible for keeping a rental property in reasonable repair, and that includes the plumbing. If a hot water system dies of old age, a tap wears out, a pipe corrodes through or a drain blocks from years of gradual build-up, that is fair wear and tear and the landlord pays. It does not matter how old the property is, and it does not come out of the bond.
Tenants pay when the damage is something they caused. A toilet blocked by wet wipes, a drain full of cooking fat, a cracked basin from a dropped bottle: those repairs can be charged back to the tenant. The line is cause, not location.
Urgent repairs work differently
NSW tenancy law has a special pathway for urgent repairs, which covers things like a burst water pipe, a blocked or broken toilet where the home has only one, a serious water leak, a gas leak and a failed hot water service. For these, the tenant should contact the landlord or agent immediately.
When the landlord or agent cannot be reached, or will not act, the tenant can arrange the urgent repair themselves up to a capped amount, around $1,000 under NSW tenancy law, and the landlord must reimburse them within 14 days. The work has to be done by a licensed tradesperson, and the tenant should keep the invoice and receipts. This is why Terry always issues proper documentation on rental jobs: the paperwork is what gets the tenant paid back.
What tenants should do first
- Report the problem in writing to the agent or landlord, with photos
- Keep a copy of every message
- For urgent repairs, phone as well, and note the time of the call
- If arranging urgent work yourself, use a licensed plumber and keep the invoice
What landlords should keep in mind
Sitting on a small leak is how small leaks become big ones. A weeping flexi hose costs little to replace; the same hose letting go floods the kitchen and triggers an insurance claim plus temporary accommodation for the tenant. Responding quickly to repair requests is cheaper in almost every case, and it keeps landlords on the right side of the tenancy agreement.
Where to get the official word
All of this is general information, not legal advice, and individual situations vary. NSW Fair Trading publishes the current rules on repairs and urgent repairs in rental properties, including the exact reimbursement cap, and their guidance is the authority worth checking before any dispute goes near the tribunal.
Terry works on rentals across Berala, the inner west and Western Sydney most weeks, for landlords, agents and tenants arranging urgent repairs. Whoever ends up paying, the fix is the same: get it documented, get it done by a licensed plumber, and keep the receipts.
Frequently asked questions
- Who pays for a blocked drain in a NSW rental?
- It depends on the cause. Gradual build-up, tree roots or aging pipes count as fair wear and tear, so the landlord pays. Blockages caused by the tenant, such as wet wipes, sanitary items or cooking fat flushed down the drain, can be charged to the tenant. A plumber's report usually identifies the cause.
- What counts as an urgent repair under NSW tenancy law?
- Urgent repairs include a burst water service, a blocked or broken toilet where the property has only one, a serious water or gas leak, and a failed hot water service. These have a fast-track pathway: the landlord must act promptly, and tenants have limited rights to arrange repairs themselves if the landlord cannot be reached.
- Can a tenant hire a plumber directly and be reimbursed?
- For genuine urgent repairs, yes, if the landlord or agent is unreachable or refuses to act. NSW law lets the tenant arrange repairs up to a capped amount, around $1,000, using a licensed tradesperson, and the landlord must reimburse within 14 days. Keep the invoice and all correspondence, and check current rules with NSW Fair Trading.
- Does the landlord have to replace a broken hot water system?
- Yes, if it failed through age or normal use, which is almost always the case. No hot water is classed as an urgent repair in NSW, so the landlord or agent should arrange repair or replacement promptly rather than leaving tenants with cold showers for weeks.
- What if the landlord refuses to reimburse urgent repair costs?
- Put the request in writing with the invoice attached and reference the urgent repair provisions. If reimbursement is not made within 14 days, tenants can apply to the NSW Civil and Administrative Tribunal. NSW Fair Trading offers free guidance on the process and the current reimbursement cap.
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