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Residential Tenancies and Rooming Accommodation Act 2008
sec.185Lessor’s obligations generally
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### sec.185 Lessor’s obligations generally
This section does not apply to an agreement if—
the premises are moveable dwelling premises consisting only of the site for the dwelling; and
the tenancy is a long tenancy (moveable dwelling).
At the start of the tenancy, the lessor must ensure—
the premises and inclusions are clean; and
the premises are fit for the tenant to live in; and
the premises and inclusions are in good repair; and
the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and
the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.
While the tenancy continues, the lessor—
must maintain the premises in a way that the premises remain fit for the tenant to live in; and
must maintain the premises and inclusions in good repair; and
must ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and
if the premises include a common area—must keep the area clean; and
must ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.
See section 217 for the tenant’s obligations to notify the lessor about damage to premises and the need for repairs.
However, the lessor is not required to comply with subsection (2) (c) or (3) (a) for fixtures attached to premises, and inclusions supplied with premises, (the non-standard items ) if—
the lessor is—
the State; or
the replacement lessor under a community housing provider tenancy agreement; and
the non-standard items are specified in the agreement and the agreement states the lessor is not responsible for their maintenance; and
the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and
the non-standard items are not a risk to health or safety; and
for fixtures—the fixtures were not attached to the premises by the lessor.
In this section—
premises include any common area available for use by the tenant with the premises.
s 185 amd 2013 No. 58 s 7 ; 2017 No. 42 s 83
(sec.185-ssec.1) This section does not apply to an agreement if— the premises are moveable dwelling premises consisting only of the site for the dwelling; and the tenancy is a long tenancy (moveable dwelling).
(sec.185-ssec.2) At the start of the tenancy, the lessor must ensure— the premises and inclusions are clean; and the premises are fit for the tenant to live in; and the premises and inclusions are in good repair; and the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.
(sec.185-ssec.3) While the tenancy continues, the lessor— must maintain the premises in a way that the premises remain fit for the tenant to live in; and must maintain the premises and inclusions in good repair; and must ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and if the premises include a common area—must keep the area clean; and must ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions. See section 217 for the tenant’s obligations to notify the lessor about damage to premises and the need for repairs.
(sec.185-ssec.4) However, the lessor is not required to comply with subsection (2) (c) or (3) (a) for fixtures attached to premises, and inclusions supplied with premises, (the non-standard items ) if— the lessor is— the State; or the replacement lessor under a community housing provider tenancy agreement; and the non-standard items are specified in the agreement and the agreement states the lessor is not responsible for their maintenance; and the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and the non-standard items are not a risk to health or safety; and for fixtures—the fixtures were not attached to the premises by the lessor.
(sec.185-ssec.5) In this section— premises include any common area available for use by the tenant with the premises.
- (a) the premises are moveable dwelling premises consisting only of the site for the dwelling; and
- (b) the tenancy is a long tenancy (moveable dwelling).
- (a) the premises and inclusions are clean; and
- (b) the premises are fit for the tenant to live in; and
- (c) the premises and inclusions are in good repair; and
- (d) the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and
- (e) the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.
- (a) must maintain the premises in a way that the premises remain fit for the tenant to live in; and
- (b) must maintain the premises and inclusions in good repair; and
- (c) must ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and
- (d) if the premises include a common area—must keep the area clean; and
- (e) must ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.
- (a) the lessor is— (i) the State; or (ii) the replacement lessor under a community housing provider tenancy agreement; and
- (i) the State; or
- (ii) the replacement lessor under a community housing provider tenancy agreement; and
- (b) the non-standard items are specified in the agreement and the agreement states the lessor is not responsible for their maintenance; and
- (c) the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and
- (d) the non-standard items are not a risk to health or safety; and
- (e) for fixtures—the fixtures were not attached to the premises by the lessor.
- (i) the State; or
- (ii) the replacement lessor under a community housing provider tenancy agreement; and