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The landlord has a number of obligations they must meet during at the beginning of and during the tenancy. These include providing the premises in a clean condition and maintaining it in good repair.
This guide covers landlords (or head-tenants) and tenants (or sub-tenants) in a Residential Tenancy. This applies to the majority of share accommodation and residential property rental situations. To confirm it covers your situation visit What is my share accommodation situation?
What are the landlord’s obligations at the beginning of the tenancy?
The landlord must meet the following obligations before the tenant moves in:
- Clean Premises - all parts of the rented premises should be reasonably clean at the beginning of the tenancy. To make sure the premises is clean, the landlord could do the following: vacuum all floors, clean windows, wash any hard surfaces, remove rubbish from the premises.
- Premises Fit to Live in - the premises must be in a condition that does not cause any danger of injury or illness to the tenant while using it normally. Examples of potentially dangerous parts of a premises may include: floorboards, electrical appliances, showers, lights, and fences.
- Premises and Inclusions in Good Repair - the premises and the various inclusions must be in good repair. This means that all parts of the premises need to function and work as they are meant to. For example, all appliances should be working, doors and windows should all open, close and lock properly, and the floors, walls, roof and ceiling must all be in good condition.
- Health & Safety Complied with - the premises should comply with any health and safety regulations imposed by state or local governments. The landlord should take steps to inform any people, namely occupants or tenants, about these rules.
- Supply Name and Address for Service - before the tenant moves in, the landlord must give the tenant a written notice stating the landlord’s name and address for service. Alternatively, if the landlord has an agent, then the tenant must be given the name and address for service of the agent.
What are the landlord’s obligations during the tenancy?
During the tenancy, the landlord has the following obligations:
- Premises Fit to Live in - generally, it is the landlord’s obligation to maintain the premises in a safe condition, without danger or injury or illness, during the tenancy. The tenant must inform the landlord of the need for any repairs / maintenance for the landlord to keep the premises safe.
- Premises and Inclusions in Good Repair - it is also the landlord’s obligation to keep the premises and any inclusions in good repair during the tenancy. The tenant must inform the landlord of the need for any repairs / maintenance.
- Health & Safety Compliance - the landlord must ensure that health and safety rules imposed by state or local governments are complied with by all people that are using the premises. The landlord should take steps to inform any people, namely occupants or tenants, about these rules.
- Common Areas Clean - if the rented premises has common areas, it the responsibility of the landlord to keep them clean. In share accommodation where the landlord lives in or there are multiple tenants living in the same premises under separate agreements, it is therefore the landlord’s responsibility to clean common areas like kitchens, bathrooms and lounge rooms.