Repair Responsibilities: Body Corporate, Landlord and Tenant

Introduction

Navigating repair responsibilities in Queensland commercial properties can be complex. Tenants, landlords, and body corporates often find themselves in disputes over who must fix and who must pay for maintenance and repairs. The answer depends on the type of property ownership, the Lease agreement, and the applicable legislation. This article provides practical, real-life scenarios that illustrate common disputes and their resolutions, with clear references to the relevant Queensland laws.

Defining Property Types

Freehold Commercial Building (Standalone):
In a freehold building, a single owner owns the entire property outright. Body corporate management is not required. Repair responsibilities are determined solely by the Lease agreement between the landlord and tenant, and relevant laws such as the Property Law Act 1974 (Qld) and the Retail Shop Leases Act 1994 (Qld). Typically, the landlord is responsible for structural elements and capital works, while the tenant maintains the internal premises.

Standard Format Plan (SFP):
SFP schemes are common in townhouse complexes, business parks, or warehouses. Boundaries are defined by survey pegs on the ground, much like traditional land ownership. The lot owner is responsible for the entire building on their lot, including the roof, foundations, external walls, windows, and doors. The body corporate only maintains shared facilities such as driveways, visitor car parks, and landscaped gardens.

Building Format Plan (BFP):
BFP schemes apply to multi-storey buildings such as office towers and apartment blocks. Here, lot boundaries are measured from the centre of walls, floors, and ceilings. Structural elements, including roofs, external walls, and boundary doors or windows, are considered common property. The body corporate is responsible for their repair and maintenance. Internal elements of a lot, however, remain the lot owner’s responsibility.

This handbook presents 14 realistic situations where disputes often arise between tenants, landlords, and body corporates in Queensland commercial properties. Each situation includes a scenario, sample conversation, decision note, and direct links to the applicable law.

Situation 1 – The Jammed Entrance Door (BFP)

Scenario: A café tenant notices the glass door to the shared entrance will not close. Customers are leaving it open.

Conversation:

Tenant to Landlord: “Hi Sam, the café’s front door to the lobby will not close properly. Could you arrange a repair?”
Landlord to Tenant: “Thanks, I will notify the Body Corporate, lobby doors are their responsibility.”
Body Corporate: “We will send a contractor today. It is common property under the BFP.”

Decision Note:

Who fixes: Body Corporate
Who pays: Body Corporate
Why: Boundary doors in Building Format Plans are common property; wear and tear is Body Corporate’s duty.

Applicable Law:
Australasian Legal Information Institute. (n.d.-c). Body Corporate and Community Management Act 1997 - SECT 35 Ownership of common property. AustLII. Retrieved September 8, 2025.

Situation 2 – The Shoulder-Charged Door (BFP)

Scenario: A delivery driver forces open the entrance door and cracks the frame.

Conversation:

Body Corporate to Landlord: “We repaired the lobby door. CCTV shows your tenant’s delivery driver caused the damage. We will invoice you $1,200.”
Landlord to Tenant: “Under your Lease, you must cover damage caused by staff/contractors. I will pass the invoice to you.”

Decision Note:

Who fixes: Body Corporate
Who pays: Tenant (via landlord)
Why: It is common property, but damage was caused by the tenant’s invitee.

Applicable Law:
Go To Court. (n.d.). Commercial Leases in Queensland. Retrieved September 8, 2025.
Queensland Small Business Commissioner. (2025a). Repairs and maintenance. Retrieved September 8, 2025.

Situation 3 – The Fire Door That Will Not Latch (BFP)

Scenario: During inspection, QFES finds the café’s entry fire door does not latch.

Conversation:

QFES to Tenant: “This fire door failed its test. No record of inspections was kept, this is a breach.”
Tenant to Landlord: “I thought Body Corporate handled fire door checks?”
Body Corporate: “We maintain the door, but record-keeping is the occupier’s duty. The Lease should have clarified. We will take it on now to close the gap.”

Decision Note:

Who fixes: Body Corporate (physical repair)
Who pays: Body Corporate (for wear and tear), but inspection/records must be clarified in Lease or CMS.

Applicable Law:
Queensland Legislation. (2008). Building Fire Safety Regulation 2008. Queensland Government. Retrieved September 8, 2025.
Business Queensland. (2024, July 16). Fire safety installations in buildings. Queensland Government. Retrieved September 8, 2025.

Situation 4 – The Balcony Slider (BFP)

Scenario: The tenant reports the balcony door rollers collapsed.

Conversation:

Tenant to Landlord: “The balcony slider will not open, rollers collapsed.”
Landlord to Tenant: “That is within the lot. I will arrange repairs.”

Decision Note:

Who fixes: Landlord
Who pays: Landlord (unless tenant negligence)
Why: Balcony doors within the lot are the lot owner’s responsibility.

Applicable Law:
Miller Sockhill Lawyers. (n.d.). Community Titles Schemes – Common Property. Retrieved September 8, 2025.

Situation 5 – The Flooded Shop from Blocked Downpipe (BFP)

Scenario: After heavy rain, water floods into a ground-floor shop.

Conversation:

Tenant to Landlord: “Water is pouring into the shop from the ceiling.”
Landlord to Body Corporate: “This is from a blocked downpipe, you must fix.”
Body Corporate: “Correct. We will clear it and cover damages through insurance.”

Decision Note:

Who fixes: Body Corporate
Who pays: Body Corporate (insurance may respond)
Why: Failure to maintain common property caused damage to the lot.

Applicable Law:
BCsystems. (n.d.). Common property in a body corporate. Retrieved September 8, 2025.

Situation 6 – The Warehouse Roller Door (SFP)

Scenario: The motor on a warehouse roller door fails.

Conversation:

Tenant to Landlord: “The roller door will not open.”
Landlord: “This is SFP, I own the structure. I will repair it.”

Decision Note:

Who fixes: Landlord
Who pays: Landlord (unless tenant caused misuse)
Why: In SFP, lot owner is responsible for the entire building.

Applicable Law:
MAP Lawyers. (2023, February 24). What is an owner responsible for in a body corporate? Retrieved September 8, 2025.

Situation 7 – The Cracked Shopfront Glass (BFP street frontage)

Scenario: Vandalism shatters a shopfront window.

Conversation:

Tenant to Landlord: “A vandal smashed the glass.”
Landlord: “That glass is part of the lot, I will repair it.”

Decision Note:

Who fixes: Landlord
Who pays: Landlord (unless Lease assigns glazing to tenant)
Why: Shopfront glass belongs to the lot.

Applicable Law:
Australasian Legal Information Institute. (n.d.-a). Property Law Act 1974 - Schedule 3. AustLII. Retrieved September 8, 2025.

Situation 8 – The Broken Air Conditioning Plant (BFP shared)

Scenario: The office tower’s central HVAC breaks down.

Conversation:

Tenant to Landlord: “The aircon is broken. We cannot work.”
Landlord to Body Corporate: “This is your system, fix it.”
Body Corporate: “We will replace the compressor, funded by levies.”

Decision Note:

Who fixes: Body Corporate
Who pays: Body Corporate (unless tenant failed agreed servicing)
Why: Shared plant is common property.

Applicable Law:
Hynes Legal. (2022, October 12). Maintenance responsibilities for lots and common property? Retrieved September 8, 2025.

Situation 9 – The Fit-Out Sprinkler Accident (BFP)

Scenario: A fit-out contractor breaks a sprinkler head, flooding a corridor.

Conversation:

Body Corporate to Landlord: “Sprinkler failure during fit-out. We repaired, but you are liable for the insurance excess.”
Landlord to Tenant: “Your contractor caused this, you must reimburse me.”

Decision Note:

Who fixes: Body Corporate (fire system)
Who pays: Tenant (via landlord)
Why: Damage originated in tenancy works.

Applicable Law:
Queensland Government. (n.d.-c). Maintenance responsibilities. Retrieved September 8, 2025.

Situation 10 – The Rusted Pipes (SFP)

Scenario: Pipes rust inside a warehouse wall and burst.

Conversation:

Tenant to Landlord: “The pipes burst, flooding storeroom.”
Landlord: “It is SFP, I will send a plumber.”

Decision Note:

Who fixes: Landlord
Who pays: Landlord (unless misuse)
Why: In SFP, owners are responsible for all building elements.

Applicable Law:
Queensland Government Publications. (2023a). A quick guide to bodies corporate. Queensland Government. Retrieved September 8, 2025.

Situation 11 – The Roof Leak (BFP)

Scenario: Storm damage causes leaks in an office tower.

Conversation:

Tenant to Landlord: “Water is dripping from ceiling tiles.”
Landlord to Body Corporate: “Roof is yours under BFP, fix it.”
Body Corporate: “We will repair and claim insurance.”

Decision Note:

Who fixes: Body Corporate
Who pays: Body Corporate (insurance may apply)
Why: Roofs are common property in BFP.

Applicable Law:
Stratacare. (n.d.). Body corporate maintenance factsheet. Retrieved September 8, 2025.

Situation 12 – The Internal Storeroom Door (BFP)

Scenario: A storeroom door inside the tenancy breaks.

Conversation:

Tenant to Landlord: “Our storeroom door snapped off its hinges.”
Landlord: “That is inside the lot. I will fix, but since you caused it, I will charge you.”

Decision Note:

Who fixes: Landlord
Who pays: Tenant (if they caused damage)
Why: Internal doors are part of the lot, subject to Lease.

Applicable Law:
Queensland Small Business Commissioner. (2025a). Repairs and maintenance. Retrieved September 8, 2025.

Situation 13 – The Burnt-Out Light Bulbs (Inside Tenancy)

Scenario: A tenant in an office notices several ceiling lights have blown.

Conversation:

Tenant to Landlord: “The lights are not working. Can you send an electrician to replace the bulbs?”
Landlord: “Light bulbs are your responsibility under the Lease. Unless there is an electrical fault with the fitting, you will need to replace them.”

Decision Note:

Who fixes: Tenant (replacing light bulbs is minor maintenance)
Who pays: Tenant
Why: Internal maintenance usually sit with the tenants, unless the Lease explicitly states otherwise.

Applicable Law:
Australasian Legal Information Institute. (n.d.-a). Property Law Act 1974 - Schedule 3. AustLII. Retrieved September 8, 2025.

Situation 14 – The Air Conditioning Unit (Landlord Asset, Tenant Uses)

Scenario: A retail tenant’s ducted air conditioning stops working during summer trading. The AC system is part of the building and owned by the landlord.

Conversation:

Tenant to Landlord: “The AC is not cooling. Customers are complaining.”
Landlord: “The system is my responsibility to replace if it fails from age or defect. But your Lease requires you to service it quarterly. PLease provide your service log, if lack of maintenance caused this, you will bear the cost.”

Decision Note:

Who fixes: Landlord (as owner of the plant)
Who pays:
- Landlord (if breakdown due to wear, age, or inherent defect)
- Tenant (if failure caused by lack of servicing or misuse, where Lease shifts servicing obligations)
Why: In Queensland, landlords must cover capital costs (replacement of plant/equipment). Tenants can be made responsible for routine servicing under the Lease.

Applicable Law:
Queensland Small Business Commissioner. (2025a). Repairs and maintenance. Retrieved September 8, 2025.
Australasian Legal Information Institute. (n.d.-a). Property Law Act 1974 - Schedule 3. AustLII. Retrieved September 8, 2025.

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