Myth 7:

The tenant is responsible for all property damage in SDA.

Fact:

You may be responsible for property damage in SDA, depending on what/who causes the damage.

Exploring the fact

Tenancy rights within SDA are outlined in the applicable state residential tenancy legislation. Please check your state Residential Tenancies Act for more details about your rights:

• Australian Capital Territory 
• New South Wales
• Northern Territory
• Queensland
• South Australia
• Tasmania
• Victoria
• Western Australia

For example, in Victoria:

You ARE responsible for repairing any damage caused by:

• installing something in the property without your provider’s written permission, 
• creating a fire, health or safety hazard, 
• your pet, or 
• anyone you invite over.

You ARE NOT responsible for repairing any damage caused by:

• normal use of any aids or equipment (such as your wheelchair), 
• accidentally, or 
• through fair wear and tear.

What is fair wear and tear? 

There isn’t a standard definition of fair wear and tear, but it is commonly seen as the normal deterioration of a property from ordinary, everyday use. It is caused by exposure to the elements, time, as well as day to day living. Examples of fair wear and tear include:

• Faded curtains or frayed cords
• Furniture indentations and traffic marks on the carpet
• Scuffed up wooden floors
• Faded, chipped or cracked paint
• Worn kitchen benchtop
• Loose hinges or handles on doors or windows and worn sliding tracks
• Cracks in the walls from movement
• Water stain on carpet from rain through leaking roof or bad plumbing
• Worn paint near light switches

Examples from LJ Hooker.

Case study 1

From the Consumer Affairs Victoria website:

Your provider let you have a puppy in the property. Your puppy scratched the walls and some of the paint came off. Your provider gave you a Breach of duty notice asking you for money so they can repaint the wall. You are responsible for any damage caused by your pet or anyone you invite over. You give your provider the money within 14 days.

Case study 2

From the Consumer Affairs Victoria website:

Your provider gave you a Breach of duty notice because your wheelchair damaged the carpet in the living room. The notice asks you to replace the living room carpet. You do not have to replace it, because the damage was caused by equipment you need to help with your disability.

Any questions?

Contact our NDIS Housing Advice Line on 1300 61 64 63 from Monday-Friday, 10am-3pm (AEDT).

Learn more about SDA

• Find out if you are likely to be eligible for SDA with our easy-to-use SDA Eligibility Checker!
• The Housing Hub has great resources to help people understand SDA!  You can learn more about different types of housing and places to live here. 
• The Housing Hub also provides free information sessions about SDA and you can find more out here.
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