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Residential Tenancies and Rooming Accommodation Regulation 2025
sch.4-sec.21Lessor’s obligations— s 185
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### sch.4-sec.21 Lessor’s obligations— s 185
During the tenancy, the lessor must—
maintain the premises in a way that the premises remain fit for the tenant to live in; and
maintain the premises in good repair; and
ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and
keep any common area included in the premises clean; and
ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.
However, the lessor is not required to comply with subclause (1)(a) for any non-standard items and the lessor is not responsible for their maintenance if—
the non-standard items are stated in a former agreement and the former 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 clause—
non-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in item 5.2 of the former agreement.
premises include any common area available for use by the tenant with the premises.
(sch.4-sec.21-ssec.1) During the tenancy, the lessor must— maintain the premises in a way that the premises remain fit for the tenant to live in; and maintain the premises in good repair; and ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and keep any common area included in the premises clean; and ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.
(sch.4-sec.21-ssec.2) However, the lessor is not required to comply with subclause (1)(a) for any non-standard items and the lessor is not responsible for their maintenance if— the non-standard items are stated in a former agreement and the former 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.
(sch.4-sec.21-ssec.3) In this clause— non-standard items means the fixtures attached to the premises and inclusions supplied with the premises stated in item 5.2 of the former agreement. premises include any common area available for use by the tenant with the premises.
- (a) maintain the premises in a way that the premises remain fit for the tenant to live in; and
- (b) maintain the premises in good repair; and
- (c) ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and
- (d) keep any common area included in the premises clean; and
- (e) ensure the premises otherwise comply with any prescribed minimum housing standards applying to the premises.
- (a) the non-standard items are stated in a former agreement and the former agreement states the lessor is not responsible for their maintenance; and
- (b) the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and
- (c) the non-standard items are not a risk to health or safety; and
- (d) for fixtures—the fixtures were not attached to the premises by the lessor.