Residential Tenancies Amendment Bill (No 2)

  • enacted
26 Section 45 amended (Landlord’s responsibilities)

(1AAA)

Before section 45(1)(c), insert:

(bd)

comply with all requirements in respect of contaminants imposed on the landlord by regulations made under section 138C(1)(ab); and

(1)

After section 45(1), insert:

(1AA)

Subsection (1AAB) applies to a landlord of premises Without limiting subsection (1), the landlord must not provide the premises to the tenant at the commencement of the tenancy if—

(a)

the landlord knows that tests carried out in accordance with prescribed methods have established that the premises are contaminated; and

(b)

the premises have not been decontaminated in accordance with the relevant prescribed decontamination process.

(1AAB)

If this subsection applies

(a)

and the premises have not yet been provided to the tenant, the landlord must not provide the premises to the tenant until the premises have been decontaminated in accordance with a relevant prescribed decontamination process:

(b)

and the tenant has already been provided with the premises, the landlord may continue to provide the premises to the tenant (under that tenancy or any extension or renewal of that tenancy) only if the premises are being decontaminated in accordance with a relevant prescribed decontamination process and any rules prescribed under section 138C(1)(ca).

(1AAC)

Subsections (1AA) and (1AAB) do not limit subsection (1), but see also, in relation to the landlord’s liability for contaminant presence, section 45A.

(2)

After section 45(1A), insert:

(1AB)

A contravention by the landlord of subsection (1AAB) is declared to be an unlawful act.

(3)

In section 45(3) and (4), replace “subsection (1)” with “subsections (1) to (1AAB) and (1AA).