The obligation on a lessor under s 103(2) of the Residential Tenancies Act 1994 (Qld) to 'ensure' premises are in good repair at the start of a tenancy requires the lessor to take reasonable steps to ascertain and satisfy itself of the state of repair, including by inspection, but does not impose absolute liability for latent defects not discoverable by reasonable care. For old timber premises in tropical conditions, reasonable inspection includes probing external wooden steps for rot. The 2-1 split on the factual question of constructive notice leaves some uncertainty about the threshold of inspection required.
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