57Landlord's obligation to repair

57 Landlord's obligation to repair (1) Subject to this Part, it is a term of a tenancy agreement that the (a) must ensure that the premises and ancillary property are in a reasonable state of repair when a tenant enters into occupation of the premises; and (b) must maintain the premises and ancillary property in a reasonable state of repair, having regard to their age, character and prospective life. Residential Tenancies Act 1999 39 (2) A landlord is not in breach of the term specified under subsection (1) unless he or she: (a) has notice of the defect requiring repair; and (b) fails to act with reasonable diligence to have the defect repaired. (3) A landlord is not in breach of the term specified under subsection (1) if: (a) the repairs were known to the tenant to be required at the time of entering into the residential premises agreement; (b) the repairs are not emergency repairs within the meaning of section 63; (c) the tenant has, in writing, waived the right to have the particular repairs made; and (d) the premises are habitable and meet all health and safety requirements specified under any Act. (4) For the purposes of this section, ancillary property includes gardening or watering equipment or other chattels provided in relation to a garden but does not include vegetation, other than a tree that poses a risk to a person's safety.