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s 27C

Property condition report at start and end of tenancy

In force
Part IVResidential tenancy agreements
Division 1AForm of residential tenancy agreement and associated documents

27C Property condition report at start and end of tenancy

(1)

A lessor or property manager must, within 7 days after a tenant has entered into occupation of residential premises under a residential tenancy agreement —

(a)

prepare a report describing the condition of the premises; and

(b)

provide 2 copies of the report to the tenant.

Penalty for this subsection: a fine of $5 000.

(2)

A tenant given copies of a report under subsection (1)(b) who disagrees with any information in the report must, within 7 days of receiving the copies —

(a)

mark a copy in a manner that shows the information with which the tenant disagrees; and

(b)

give the copy back to the lessor or property manager, as the case requires.

(3)

If the tenant does not give a copy of the report back to the lessor or property manager under subsection (2), the tenant is to be taken to accept the report as a true and accurate description of the condition of the residential premises.

(4)

A lessor or property manager must, as soon as practicable, and in any event within 14 days, after the termination of a tenancy or tenant’s interest in a residential tenancy agreement —

(a)

conduct an inspection of the residential premises; and

(b)

prepare a final report describing the condition of the premises; and

(c)

provide a copy of the report to the tenant.

Penalty for this subsection: a fine of $5 000.

(4A)

A lessor or property manager is taken to comply with subsection (4) if, before the termination of a tenant’s interest, the lessor or property manager —

(a)

enters residential premises under section 46(6B); and

(b)

in relation to that entry —

(i)

conducts an inspection of the premises; and

(ii)

prepares a report describing the condition of the premises; and

(iii)

provides a copy of the report to the tenant.

(5)

The tenant is to be given a reasonable opportunity to be present at the inspection conducted under subsection (4)(a) or (4A)(a).

(6)

The regulations may prescribe information that must be included in a property condition report.

[Section 27C inserted: No. 60 of 2011 s. 22; amended: No. 3 of 2019 s. 6 and 25; No. 11 of 2024 s. 20.]

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