Residential Tenancies Act 1986

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

(ba)

comply with all requirements in respect of smoke alarms imposed on the landlord by regulations made under section 138A; and

(bb)

comply with the healthy homes standards; and

(bc)
[Repealed]

(bd)

comply with all requirements in respect of contaminants imposed on the landlord by regulations made under section 138C(3)(c); 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

(ca)

if the premises do not have a reticulated water supply, provide adequate means for the collection and storage of water; 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 given the landlord notice of the state of disrepair or made a reasonable attempt to do so; 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.

(1AA)

Subsection (1AAB) applies to a landlord of premises 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(3)(f).

(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.

(1A)

Failure by the landlord to comply with any of paragraphs (a) to (ca) of subsection (1) is declared to be an unlawful act.

(1AB)

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

(1AC)

If the tenant requests the landlord to provide information described in section 123A(1)(e) (relating to the healthy homes standards) to the tenant, the landlord must, within 21 days after the date of receiving the request, provide the information to the tenant.

(1AD)

A landlord who, without reasonable excuse, fails to comply with subsection (1AC)—

(a)

commits an unlawful act; and

(b)

commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.

(1B)

[Repealed]

(1C)

[Repealed]

(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.

(2A)

A contravention by the landlord of subsection (2) is declared to be an unlawful act.

(2B)

The landlord of premises that are insured may at any time, and must within a reasonable time after receiving a request from the tenant for a copy of the insurance policy, provide to the tenant under a tenancy agreement a copy of each insurance policy that is relevant to the tenant’s liability for destruction of, or damage to, the premises.

(2C)

If anything changes so that the insurance information that was provided in accordance with subsection (2B) or this subsection is no longer correct, the landlord must, within a reasonable time after the landlord becomes aware of the change,—

(a)

provide the tenant with a copy of the correct information; or

(b)

if the premises are no longer insured, provide the tenant with a statement that they are not insured.

(2D)

A landlord’s failure to comply with subsection (2B) or (2C) is declared to be an unlawful act.

(3)

The provisions of subsections (1) to (1AAB) 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 subsections (1) to (1AAB) 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.

(5)

In this section premises includes facilities.

Compare: 1952 No 51 s 116H; 1975 No 36 s 10; Residential Tenancies Act 1978–1981 s 46(1), (2), (4) (SA)

Section 45(1)(ba): inserted, on 1 July 2016, by section 14(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 45(1)(bb): replaced, on 1 July 2019, by section 5(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 45(1)(bc): repealed, on 1 July 2019, by section 5(2) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 45(1)(bd): inserted, on 30 January 2021, by section 28(1) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 45(1)(ca): inserted, on 1 October 2010, by section 29(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 45(1)(d)(ii): replaced, on 1 October 2010, by section 29(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 45(1AA): inserted, on 30 January 2021, by section 28(2) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 45(1AAB): inserted, on 30 January 2021, by section 28(2) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 45(1AAC): inserted, on 30 January 2021, by section 28(2) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 45(1A): inserted, on 1 October 2010, by section 29(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 45(1AB): inserted, on 30 January 2021, by section 28(3) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 45(1AC): inserted, on 11 February 2021, by section 27 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 45(1AD): inserted, on 11 February 2021, by section 27 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 45(1B): repealed, on 1 July 2019, by section 5(2) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 45(1C): repealed, on 1 July 2019, by section 5(2) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 45(2A): inserted, on 1 October 2010, by section 29(4) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 45(2B): inserted, on 27 August 2019, by section 7 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 45(2C): inserted, on 27 August 2019, by section 7 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 45(2D): inserted, on 27 August 2019, by section 7 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 45(3): amended, on 30 January 2021, by section 28(4) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 45(4): amended, on 30 January 2021, by section 28(4) of the Residential Tenancies Amendment Act 2019 (2019 No 37).