The ingoing condition report
Important: if the landlord does not complete a condition report at the commencement of the tenancy and comply with Part 5 of the Act, there can be no claim against the tenant, either from the security deposit or by way of a claim for compensation, at the end of the tenancy for cleaning, damage or lost ancillary property. Within three days of the tenant taking possession of the premises, the landlord should provide the tenant with a copy of a completed and signed condition report.
The condition report must be completed in the presence of the tenant (unless it is not practical to do so, or the tenant does not appear at the agreed time).
It is also a good idea to take photographs or a video of the condition of the premises. This will assist in interpretation of the condition report if there is a dispute at the end of the tenancy. Within 5 business days of receiving the copy of the condition report the tenant must either:
- accept the report by signing and returning it to the landlord; or
- mark any changes thought to be appropriate and return it to the landlord.
Note: If the tenant takes no action then they are deemed to have accepted the report. If a tenant modifies a condition report and gives it back to the landlord, the landlord may within 5 business days:
- accept the report by initialling the modifications and returning a copy to the tenant
- reach agreement with the tenant as to the contents of the report and accept the report by having both parties initial all modifications that are accepted by them; or
- apply to the Commissioner to resolve the problem.
If the landlord takes no action within the 5 business days and the tenant dosen’t apply to the Commissioner to resolve the problem, the landlord is taken to have accepted the condition report as modified by the tenant. Both the tenant and the landlord should keep a copy of the condition report in a safe place, as it will be used as conclusive evidence of the condition of the premises at the commencement of the tenancy.
Within 3 business days of the tenant taking possession of the premises, the landlord supplies a completed and signed copy of the condition report to the tenant
within 5 business days after receipt, the tenant may
Accept Take no action Make alterations
Sign the report and return it to the landlord If the tenant takes no action within 5 days then the report is taken to have been accepted Mark and initial alterations, and return the report to the landlord
Within 5 business days after receipt of the modified condition report, the landlord may Accept Take no action Reach agreement
Initial all the tenant’s alterations & return a copy to the tenant If the landlord takes no action, then the modified report is taken as accepted Reach agreement
with the tenant regarding the content of the report and accept it by having both parties initial all modifications accepted by both parties
If a dispute arises between the landlord and tenant over the acceptance of the condition report, either party can apply to the Commissioner of Tenancies to prepare a report.