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Residential Tenancies Act 1986  120
Commenced: 1 Feb 1987
II: Tenancy Agreements
Rights and Obligations of Parties
45   Landlord's responsibilities




   45. Landlord's responsibilities---(1) The landlord shall---
   (a) Provide the premises in a reasonable state of cleanliness; and
   (b) Provide and maintain the premises in a reasonable state of repair
         having regard to the age and character of the premises and the
         period during which the premises are likely to remain habitable
         and available for residential purposes; and
   (c) Comply with all requirements in respect of buildings, health, and
         safety under any enactment so far as they apply to the premises;
         and
   (d) Compensate the tenant for any reasonable expenses incurred by the
         tenant in repairing the premises where---
           (i) The state of disrepair has arisen otherwise than as a
         result of a breach of the tenancy agreement by the tenant and is
         likely to cause injury to persons or property or is otherwise
         serious and urgent; and
           (ii) The tenant has made a reasonable attempt to give the
         landlord notice of the state of disrepair; and
   (e) Take all reasonable steps to ensure that none of the landlord's
         other tenants causes or permits any interference with the
         reasonable peace, comfort, or privacy of the tenant in the use
         of the premises.

   (2) The landlord shall not interfere with the supply of gas,
 electricity, water, telephone services, or other services to the
 premises, except where the interference is necessary to avoid danger to
 any person or to enable maintenance or repairs to be carried out.

   (3) The provisions of subsection (1) of this section shall apply
 notwithstanding that the tenant has notice of the state of the premises
 at the time at which the tenancy agreement is entered into.

   (4) Nothing in subsection (1) of this section shall impose upon the
 landlord any obligation to repair any damage, or compensate the tenant
 for any want of repair, arising out of any breach by the tenant of any
 obligation imposed on tenants by section 40 of this Act.

   (5) In this section ``premises'' includes facilities.
     Cf. 1952, No. 51, s. 116H; 1975, No. 36, s. 10; Residential
       Tenancies Act, 1978-1981 (South Australia), s. 46 (1), (2), (4)
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