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Residential Tenancies Act 1997
42The lessor is responsible for the cost of the following:
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42 The lessor is responsible for the cost of the following:
(a) rates and taxes relating to the premises;
(b) services for which the lessor agrees to be responsible;
(c) services for which there is not a separate metering device
so that amounts consumed during the period of the tenancy
cannot be accurately decided;
(d) all services up to the time of measurement or reading at the
beginning of the tenancy;
(e) all services after reading or measurement at the end of the
tenancy providing the tenant has not made any use of the
service after the reading.
43 (1) The lessor must pay for any physical installation of services (eg
water, electricity, gas, telephone line).
(2) The tenant is responsible for the connection of all services that
will be supplied in the tenant’s name.
44 The lessor must pay the annual supply charge associated with the
supply of water or sewerage.
45 If the premises are a unit under the Unit Titles Act 2001, the
lessor is responsible for all owners corporation charges.
Tenant’s costs
46 The tenant is responsible for all charges associated with the
consumption of services supplied to the premises, including
electricity, gas, water and telephone.
47 The tenant is not required by the lessor to connect or continue a
telephone service.
Reading of metered services
48 (1) The lessor is responsible for undertaking or arranging all
readings or measurement of services, other than those that are
connected in the name of the tenant.
(2) The lessor must provide the tenant with an opportunity to verify
readings and measurements.
49 If the lessor does not arrange reading or measurement of a
service connected in the name of the lessor by the day after the
date of expiry of notice to vacate given in accordance with this
tenancy agreement or the Residential Tenancies Act, the lessor
is be responsible for payment of the unread or unmeasured
service after the date of the last reading or measurement.
50 (1) If the tenant vacates the premises without giving notice before
departure, the lessor must arrange a reading or measurement of
services connected in the lessor’s name within a reasonable time
of the lessor becoming aware of the departure of the tenant.
(2) The tenant is responsible for payment of services to the date of
that reading or measurement.
Tenant’s use of the premises without interference
51 The lessor guarantees that there is no legal impediment to the use
of the premises for residential purposes by the tenant.
52 The lessor must not cause or permit any interference with the
reasonable peace, comfort or privacy of the tenant in the use by
the tenant of the premises.
53 Unless otherwise agreed in writing, the tenant has exclusive
possession of the premises, as described in the agreement, from
the date of commencement of the tenancy agreement provided
for in the agreement.
Lessor to install and maintain smoke alarms
Lessor to install and maintain smoke alarms
53A (1) The lessor must install and maintain smoke alarms in the
(2) The installation of the smoke alarms must comply with the
requirements prescribed by regulation for the Residential
Tenancies Act, section 11B.
Lessor to make repairs
Lessor to provide premises in a reasonable state at the start of the
tenancy
54 (1) At the start of the tenancy, the lessor must ensure that the
premises, including furniture, fittings and appliances (unless
excluded from the tenancy agreement), are—
(a) fit for habitation; and
(b) reasonably clean; and
(c) in a reasonable state of repair; and
(d) reasonably secure.
(2) An exclusion must be in writing and may, but need not, be
included in the tenancy agreement (if in writing).
(3) The lessor or the tenant may change locks (at their own cost
unless otherwise agreed) with the agreement of the other party
(which will not be unreasonably withheld).
(4) The lessor or the tenant may change locks (at their own cost) in
an emergency without the agreement of the other party.
(5) If the tenant, or a person living at the premises, is a protected
person in relation to an interim or final order made under the
Family Violence Act 2016 or the Personal Violence Act 2016,
the tenant or person may change locks (at their own cost)
without the agreement of the other party.
(6) If a lock is changed, a copy of the key to the changed lock must
be provided to the other party as soon as possible unless doing
so would affect the safety of a protected person.
Lessor to make repairs
55 (1) The lessor must maintain the premises in a reasonable state of
repair having regard to their condition at the commencement of
the tenancy agreement.
(2) The tenant must notify the lessor of any need for repairs.
(3) This section does not require the tenant to notify the lessor about
anything that an ordinary tenant would reasonably be expected
to do, for example, changing a light globe or a fuse.
56 The lessor is not obliged to repair damage caused by the
negligence or wilful act of the tenant.
57 Subject to clause 55, the lessor must make repairs, other than
urgent repairs, within 4 weeks of being notified of the need for
the repairs (unless otherwise agreed).
Repairs in unit title premises
58 If the premises are a unit under the Unit Titles Act 2001, and the
tenant’s use and enjoyment of the premises reasonably requires
repairs to the common property, the lessor must take all steps
necessary to require the owners corporation to make the repairs
as quickly as possible.
Urgent repairs
59 The tenant must notify the lessor (or the lessor’s nominee) of the
need for urgent repairs as soon as practicable, and the lessor
must, subject to clause 82, carry out those repairs as soon as
necessary, having regard to the nature of the problem.
60 The following are urgent repairs in relation to the premises, or
services or fixtures supplied by the lessor:
(a) a burst water service;
(b) a blocked or broken lavatory system;
(c) a serious roof leak;
(d) a gas leak;
(e) a dangerous electrical fault;
(f) flooding or serious flood damage;
(g) serious storm or fire damage;
(h) a failure of gas, electricity or water supply to the premises;
(i) the failure of a refrigerator supplied with the premises;
(j) a failure or breakdown of any service on the premises
essential for hot water, cooking, heating, cooling or
laundering;
(k) a fault or damage that causes the residential premises to be
unsafe or insecure;
(l) a fault or damage likely to cause injury to person or
property;
(m) a serious fault in any door, staircase, lift or other common
area that inhibits or unduly inconveniences the tenant in
gaining access to and use of the premises.
Tenant may authorise urgent repairs in certain circumstances
61 If the lessor (or the lessor’s nominee) cannot be contacted, or
fails to effect the urgent repairs within a reasonable time, the
tenant may arrange for urgent repairs to be effected to a
maximum value of up to 5% of the rent of the property over a
year.
62 The following procedures apply to urgent repairs arranged by the
tenant:
(a) the repairs arranged by the tenant must be made by the
qualified tradesperson nominated by the lessor in the
tenancy agreement;
(b) if the lessor has not nominated a tradesperson, or the
nominated tradesperson cannot be contacted or is
otherwise unavailable—the repairs must be performed by
a qualified tradesperson of the tenant’s choosing;
(c) if the repairs are arranged by the tenant in accordance with
these procedures—the lessor is liable for the cost of repairs
and the tradesperson may bill the lessor direct;
(d) if the tenant does not act in strict compliance with this
clause—the tenant is personally liable for the cost of any
urgent repairs arranged by the tenant.
Premises must comply with minimum housing standards