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s 30AA

Evidence of condition of premises—consecutive tenancy agreement

In force
Part 3Bonds
Division 3.3Condition of premises and deductions from bond

30AA Evidence of condition of premises—consecutive tenancy agreement

(1)

This section applies if a residential tenancy agreement is a consecutive tenancy agreement.

(2)

A statement in an original condition report for the premises under the consecutive tenancy agreement is evidence of the state of repair or general condition of the premises, and of any goods leased with the premises, on the day the tenant was given the report.

(3)

A statement in a subsequent condition report is evidence of the state of repair or general condition of the premises, and of any goods leased with the premises, on the day the condition report was signed by the tenant.

(4)

However, if a subsequent condition report is not signed by the tenant—

(a)

a statement in the report cannot be relied on as evidence of the state of repair or general condition of the premises, or of any goods leased with the premises; and

(b)

the state of repair or general condition of the premises, and of any goods leased with the premises, is taken to be as stated in—

(i)

if no subsequent condition report exists for the premises—the original condition report for the premises; or

(ii)

if 1 subsequent condition report exists for the premises—that report; or

(iii)

if more than 1 subsequent condition report exists for the premises—the most recent report.

(5)

In this section:

tenant, for a consecutive tenancy agreement, includes—

(a)

a tenant under the agreement; or

(b)

a tenant, including a different tenant to the tenant mentioned in paragraph (a), under any terminated agreement for the premises.

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