Hi there. Landlords have legal responsibilities under the Residential Tenancies Act 1997 (Vic) (the ‘RTA’), including a duty to ensure that rented premises are maintained in good repair. This means that all repairs at the premises are the landlord’s responsibility, unless the tenant caused the damage, in which case the landlord can ask the tenant to pay for the repairs.

If you believe the tenants broke the heater, you can give a written repair notice to the tenants specifying the damage and requesting that the tenants repair the heater at their expense within 14 days. If the tenants do not comply, you can repair the damage at the tenants’ expense.

However, if the tenants were not responsible for breaking the heater, you are responsible for repairing it. A broken heater is classified as an ‘urgent repair’ under the RTA, which means you, as the landlord, must respond immediately to the tenants’ request for the heater to be repaired. If you or your agent do not respond, your tenants have the right to organise repairs themselves up to the value of $1800, which you must reimburse within 14 days of the tenants requesting reimbursement in writing.

If the heater was already broken before the tenants moved in, this should have been noted on the ‘condition report’. The condition report can be used as evidence of the condition of the premises, including the heater, when the tenants moved in.

You cannot evict your tenants simply because you think they have made a ‘false claim’. If you want to evict you tenants before the end of the 6 year lease, you must follow the strict notice periods under the RTA. The notice periods vary from ‘immediate’ to ‘120 days notice’, depending on reason for the eviction. If you have no specified reason for evicting your tenants, the notice period is 120 days.

Suggested way forward

You should familiarise yourself with your rights and obligations under the RTA as a landlord. Consumer Affairs Victoria (www.consumer.vic.gov.au) is a useful resource. You may also benefit from speaking to a property lawyer who can fully assess your rental situation and advise you of your legal rights as a landlord. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.