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Residential Tenancies Act 1997
30Evidence of condition of premises
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30 Evidence of condition of premises
(1) If section 29 (1) and (3) have been complied with, a statement in a
condition report about the state of repair or general condition of the
premises, and of any goods leased with the premises, (other than a
statement in relation to which the tenant, by endorsement, has
indicated disagreement) is evidence of that state of repair or general
condition on the day the tenant was given the report.
(2) If only section 29 (1) has been complied with, a statement in a
condition report about the state of repair or general condition of the
premises, and of any goods leased with the premises, is evidence of
that state of repair or general condition on the day the tenant was
given the report.
(3) If section 29 (1) has not been complied with, evidence by the tenant
about the state of repair or general condition of the premises, and of
any goods leased with the premises, is evidence of that state of repair
or general condition on the day the tenant took possession of the
30AA Evidence of condition of premises—consecutive tenancy
(1) This section applies if a residential tenancy agreement is a
consecutive tenancy agreement.
(2) A statement in an original condition report for the premises under the
consecutive tenancy agreement is evidence of the state of repair or
general condition of the premises, and of any goods leased with the
premises, on the day the tenant was given the report.
(3) A statement in a subsequent condition report is evidence of the state
of repair or general condition of the premises, and of any goods leased
with the premises, on the day the condition report was signed by the
Condition of premises and deductions from bond Division 3.3
(4) However, if a subsequent condition report is not signed by the
tenant—
(a) a statement in the report cannot be relied on as evidence of the
state of repair or general condition of the premises, or of any
goods leased with the premises; and
(b) the state of repair or general condition of the premises, and of
any goods leased with the premises, is taken to be as stated in—
(i) if no subsequent condition report exists for the premises—
the original condition report for the premises; or
(ii) if 1 subsequent condition report exists for the premises—
that report; or
(iii) if more than 1 subsequent condition report exists for the
premises—the most recent report.
tenant, for a consecutive tenancy agreement, includes—
(a) a tenant under the agreement; or
(b) a tenant, including a different tenant to the tenant mentioned in
paragraph (a), under any terminated agreement for the premises.