Under the terms of the standard residential tenancy agreement, the landlord agrees:
- to ensure the premises are ‘reasonably’ clean and fit to live in when you fi rst move in
- to keep the premises in ‘reasonable’ repair, having regard to the age of the premises, the amount of rent you pay and the prospective life of the premises.
The landlord cannot avoid their obligation to keep the premises in reasonable repair simply because they notified you that the premises were in a state of disrepair at the start of your tenancy.
The landlord is not in breach of their obligation to keep the premises in reasonable repair if the state of disrepair is caused by you breaching the tenancy agreement. Talk to your local Tenants Advice and Advocacy Service (TAAS) about repairs and the landlord’s need to mitigate loss if you are at fault.
Information supplied courtesy of the Tenants Union of NSW
Further information and advice for NSW tenants can be sourced from www.tenants.org.au