A landlord's common law duty of care to a tenant may be discharged by directing the tenant not to use a dangerous part of the premises, particularly where the tenant is a single adult with knowledge of the danger and the dangerous area is not essential for comfortable enjoyment of the premises. Clause 12 of the standard residential tenancy agreement does not define the scope of the common law duty but may be relied upon as evidence tending to establish it. The question whether s 9(2) of the Residential Tenancies Act 1987 (NSW) renders oral residential tenancy agreements void was left open.
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