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RESIDENTIAL TENANCIES ACT 1997 - SECT 98

Condition report is evidence of state of repair

S. 98(1) amended by No. 45/2018 s. 90(1).

    (1)     A statement in a condition report under section 97 is conclusive evidence, for the purposes of this Act, of the state of repair or general condition of the room on the day specified in the report if the report is signed by or on behalf of the rooming house operator and the resident.

S. 98(1A) inserted by No. 45/2018 s. 90(2).

    (1A)     A condition report that is given to a rooming house operator is taken to be notice given to the rooming house operator of any defects or outstanding repairs stated in the report.

    (2)     Subsection (1) does not apply to—

        (a)     a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the room; or

S. 98(2)(b) substituted by No. 45/2018 s. 90(3).

        (b)     any statement in the report about which the resident records a written comment disagreeing with that statement in the copy of the report completed by the rooming house operator; or

S. 98(2)(c) inserted by No. 45/2018 s. 90(3).

        (c)     a statement that the rooming house operator has disagreed with in writing on the condition report, if the report was completed by the resident before or after it was completed by the rooming house operator.

Division 3—Rent

S. 99 amended by Nos 67/2010 s. 112, 45/2018 s. 91.



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