110Condition report at end of tenancy

110 Condition report at end of tenancy (1) A landlord may, within 3 business days after vacant possession is given up for premises to which a tenancy agreement relates, fill out and sign a condition report and give it to the tenant. (2) The landlord is to fill out the condition report under subsection (1) in the presence of the tenant or a representative of the tenant (who is not the landlord or the landlord's agent) unless it is not practical to do so or the tenant or the tenant's representative does not appear at the agreed time. (3) A landlord may, within 3 business days after forming the opinion that a tenant has apparently abandoned the premises to which a tenancy agreement relates, fill out and sign a condition report and give it to the tenant by posting it to the last known residential, business or postal address of the tenant. (4) A condition report is to: (a) specify the condition of walls, floors and ceilings in each room in the premises to which the tenancy agreement relates; (b) itemise, and specify the condition of, any fixture or chattel that is ancillary property; and (c) contain other prescribed information, if any. (5) A tenant or tenant's representatives may: (a) accept a condition report given to him or her under subsection (1) or (3) by signing the report and returning it to the landlord; or (b) if the parties are unable to agree as to the contents of the condition report – refuse to accept the condition report.

Residential Tenancies Act 1999 73 (6) If, within 7 business days after the condition report has been given to a tenant under subsection (1) or (3), both parties have not accepted the report, the landlord or the tenant may apply to the Tribunal to prepare a condition report in respect of the premises. (7) The Tribunal may, on receipt of an application under subsection (6), direct the Commissioner to prepare a condition report in respect of the premises and the ancillary property to which a tenancy agreement relates. (8) The landlord and the tenant are, for the purposes of this Act, to be taken to have accepted a condition report prepared by the Commissioner under subsection (7).