The obligation for plumbing repairs and upkeep is a frequent point of contention between proprietors and tenants. However, both parties have a part to play during a tenancy. And if it’s a plumbing emergency, it typically falls on the renters or tenants to make a decision.
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The property owner is accountable for ensuring their property is in a safe state of repair and is suitable for tenants. Once an occupant relocates and signs a contract, the obligation for upkeep is shared.
The requirements around who will take duty for the problems that might arise throughout the occupancy term. Everyone’s rights should be laid out in the Residential Tenancy Agreement.
Throughout the lease term, the tenant’s duty is to take great care of the property and preserve functional aspects.
This includes being diligent in avoiding issues from arising. For instance, the renter needs to keep the home tidy and not flush or clean things down drains and pipes that could trigger obstructions.
How to manage a plumbing emergency
If an emergency occurs at the property, you should call the landlord to do something about it. If the renter contacts the landlord to send a plumber, and the plumber then reports the problem was caused by occupant neglect (i.e. hair has actually blocked the drain in the shower), it would be the occupant’s duty to pay for the work.
What is classified as an emergency plumbing problem?
It can be difficult to understand what specifies a plumbing emergency. Or what can wait till the following day for attention? Often things can fail late during the night, and, as a renter, you require to make a quick choice about who to call and what to do.
According to the Residential Tenancies Act, emergency repair work can consist of:
- A burst water service or serious water service leak
- Broken or blocked toilet systems
- A gas leak
- A serious roofing leak
- Major storm, fire or impact damage
- Burst pipes
- Flooding
- Broken hot water heater
Your Residential Tenancy Arrangement need to include contact details in case of an emergency, including telephone number, agent numbers and numbers for authorized emergency plumbers.
Plumbing system maintenance versus plumbing repair work
Things can get complicated when it’s unclear whether an issue in a rental property falls under ‘maintenance’ or ‘repair.’
Normally speaking, maintenance responsibilities refer to fixing things on the property to prevent wear and tear and are not classified as urgent. On the other hand, routine repairs address issues that are broken or damaged and need to be fixed in a timely manner. In contrast, emergency repairs, such as a serious roof leak, require immediate attention due to the risk they pose to the safety or habitability of the property.
Landlords are typically responsible for maintaining and paying for the structural elements of the home—things like the roof, foundations, and walls—but not decorative features, such as carpeting. For example, addressing roof leaks or serious roof leaks would fall under the landlord’s responsibilities as part of keeping the property structurally sound and habitable.
Overall, it’s the tenant’s responsibility to keep the rental property clean and in good working order throughout the lease. The property owner, however, is responsible for ensuring the property remains safe and healthy for a tenant to live in.
At the end of the day, if you’re a renter in a rental property and there’s a major issue, such as a plumbing problem or serious roof leak that isn’t your fault, the responsibility to address and fund the repairs lies entirely with the landlord.