51Cleanliness and damage

51 Cleanliness and damage (1) It is a term of a tenancy agreement that a tenant: (a) will not maintain the premises and ancillary property in an unreasonably dirty condition, allowing for reasonable wear and tear; (b) must notify the landlord of any damage or apparent potential damage to the premises or ancillary property, other than damage of a negligible kind; (c) must not intentionally or negligently cause or permit damage to the premises or ancillary property; (d) if the premises are a unit within the meaning of the Unit Titles Act 1975 or Unit Title Schemes Act 2009 – must not intentionally or negligently cause or permit damage to the common property within the meaning of that Act; (e) if the premises are a building lot within the meaning of the Unit Titles Act 1975 – must not intentionally or negligently cause or permit damage to the common property within the meaning of that Act; and (f) if the premises are a lot within the meaning of Part IVB of the Unit Titles Act 1975 – must not intentionally or negligently cause or permit damage to the common property within the meaning of that Act. (2) It is a term of a tenancy agreement that at the end of the tenancy the tenant must give the premises and ancillary property back to the (a) in reasonable state of repair; and (b) in a reasonably clean condition, allowing for reasonable wear and tear. Residential Tenancies Act 1999 34 (3) A tenant is not in breach of the term of the agreement specified in subsection (1) or (2) if: (a) the breach is caused by the landlord's failure to repair or maintain the premises or ancillary property; and (b) the landlord had notice that the repairs or maintenance were required. (4) In deciding whether premises or ancillary property are in reasonable condition or in a reasonably clean condition, a landlord or the Tribunal must take into account: (a) the condition of the premises or ancillary property when the tenant took possession of them as determined by a condition report, if any, accepted under Part 5 by the landlord and the tenant; (b) if the tenancy agreement has terminated or the tenant has, in the opinion of the landlord, apparently abandoned the premises – the condition of the premises or ancillary property as determined by a condition report, if any, accepted under