33Urgent repairs

33 Urgent repairs

(1)  [Section 33 Subsection (1) substituted by No. 49 of 2003, s. 13, Applied:25 Aug 2004] If an essential service ceases to function –

(a) the tenant is to notify the owner as soon as practicable of the need for urgent repair; and

(b) the owner is to carry out the necessary repairs, or otherwise cause the essential service to be restored, as soon as practicable after that notification.

(2)  If the owner is unable to be contacted or fails to arrange for the carrying out of any urgent repair that does not arise from any fault of the tenant within 24 hours after being notified, the tenant may authorise one of the following to carry out the repair:

(a) a nominated repairer; or

(b) if there is not a nominated repairer, a suitable repairer.

(3)  Any repairs under subsection (2) are to be carried out only to the extent that the essential service becomes functional.

(4)  The costs of any repairs carried out under subsection (2) are to be paid by –

(a) the owner, if carried out by a nominated repairer; or

(b) the tenant, if carried out by a suitable repairer.

(4A)  [Section 33 Subsection (4A) inserted by No. 67 of 2003, s. 13, Applied:05 Mar 2004] If the owner arranges for the carrying out of any urgent repair within 24 hours after being notified, the owner is to ensure that the repair is carried out as soon as practicable.

(5)  [Section 33 Subsection (5) inserted by No. 49 of 2003, s. 13, Applied:25 Aug 2004] Subsections (2) , (3) and (4) do not apply to boarding premises.

(6)  [Section 33 Subsection (6) inserted by No. 45 of 2013, s. 17, Applied:01 Oct 2014] In this section, an essential service is to be taken to be functional –