(1) In this section
—
premises includes fixtures and chattels provided
with the premises, but does not include —
(a) any
fixture or chattel disclosed by the lessor as not functioning before the
agreement was entered into; or
(b) any
other fixture or chattel that the tenant could not reasonably have expected to
be functioning at the time the agreement was entered into.
(2) It is a term of
every residential tenancy agreement that the lessor —
(a) must
deliver up to the tenant vacant possession of the premises in a reasonable
state of cleanliness and a reasonable state of repair having regard to its age
and character; and
(b) must
maintain the premises in a reasonable state of repair having regard to its age
and character and must conduct any repairs within a reasonable period after
the need for the repair arises; and
(c) must
comply with all requirements in respect of buildings, health and safety under
any other written law insofar as they apply to the premises.
[Section 42 inserted: No. 60 of 2011 s. 41.]