You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (2010 - 42)
Skip contents
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 18 August 2017 at 19:07)
Part 3 Division 3
Division 3 Occupation and use of residential premises
49   Occupation of residential premises as residence
(1)  A landlord must take all reasonable steps to ensure that, at the time of entering into the residential tenancy agreement, there is no legal impediment to the occupation of the residential premises as a residence for the period of the tenancy.
(2)  A landlord must ensure that the tenant has vacant possession of any part of the residential premises to which the tenant has a right of exclusive possession on the day on which the tenant is entitled to occupy those premises under the residential tenancy agreement.
(3)  This section is a term of every residential tenancy agreement.
50   Tenant’s right to quiet enjoyment
(1)  A tenant is entitled to quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title (such as a head landlord) to that of the landlord.
(2)  A landlord or landlord’s agent must not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in using the residential premises.
Maximum penalty: 10 penalty units.
(3)  A landlord or landlord’s agent must take all reasonable steps to ensure that the landlord’s other neighbouring tenants do not interfere with the reasonable peace, comfort or privacy of the tenant in using the residential premises.
(4)  This section is a term of every residential tenancy agreement.
51   Use of premises by tenant
(1)  A tenant must not do any of the following:
(a)  use the residential premises, or cause or permit the premises to be used, for any illegal purpose,
(b)  cause or permit a nuisance,
(c)  interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of any neighbour of the tenant,
(d)  intentionally or negligently cause or permit any damage to the residential premises,
(e)  cause or permit a number of persons to reside in the residential premises that exceeds any number specified in the residential tenancy agreement.
(2)  A tenant must do the following:
(a)  keep the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
(b)  notify the landlord of any damage to the residential premises as soon as practicable after becoming aware of the damage.
(3)  On giving vacant possession of the residential premises, the tenant must do the following:
(a)  remove all the tenant’s goods from the residential premises,
(b)  leave the residential premises as nearly as possible in the same condition, fair wear and tear excepted, and, if there is a condition report, as set out in the condition report applicable to the premises when the agreement was entered into,
(c)  leave the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
(d)  remove or arrange for the removal from the residential premises of all rubbish, having regard to the condition of the premises at the commencement of the tenancy,
(e)  return to the landlord all keys, and other opening devices or similar devices, provided by the landlord to the tenant.
(4)  In this section:
residential premises includes everything provided with the residential premises (whether under the residential tenancy agreement or not) for use by the tenant.
(5)  This section is a term of every residential tenancy agreement.
52   Landlord’s general obligations for residential premises
(1)  A landlord must provide the residential premises in a reasonable state of cleanliness and fit for habitation by the tenant.
(2)  A landlord must not interfere with the supply of gas, electricity, water, telecommunications services or other services to the residential premises unless the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out.
(3)  A landlord must comply with the landlord’s statutory obligations relating to the health or safety of the residential premises.
Note.
 Such obligations include obligations relating to swimming pools under the Swimming Pools Act 1992.
(4)  This section is a term of every residential tenancy agreement.
53   Sale of residential premises
(1)  A landlord must give the tenant written notice of the landlord’s intention to sell the residential premises not later than 14 days before the premises are first made available for inspection by prospective purchasers.
(2)  A landlord or the agent of the landlord for the sale of the residential premises must make all reasonable efforts to agree with the tenant as to the days and times when the residential premises are to be periodically available for inspection by prospective purchasers.
(3)  A tenant must not unreasonably refuse to agree to days and times when the residential premises are to be periodically available for inspection by prospective purchasers.
(4)  A tenant is not required to agree to the residential premises being available for inspection by prospective purchasers more than twice a week.
(5)  This section is a term of every residential tenancy agreement.
54   Liability of tenant for actions of others
(1)  A tenant is vicariously responsible to the landlord for any act or omission by any other person who is lawfully on the residential premises (other than a person who has a right of entry without the tenant’s consent) that would have been a breach of the residential tenancy agreement if it had been an act or omission by the tenant.
(2)  This section is a term of every residential tenancy agreement.