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StatuteProperty Law Act 2007

Section Sch3-13 — Property Law Act 2007: Lessee to keep and yield up premises in existing condition

Text of the provision Official document

13 Lessee to keep and yield up premises in existing condition (1) The lessee will,— (a) at all times during the currency of the lease, keep the leased premises in the same condition that they were in when the term of the lease began; and (b) at the termination of the lease, yield the leased premises in that condition. (2) However, the lessee is not bound to repair any damage to the leased premises caused by— (a) reasonable wear and tear; or (b) any of the following: (i) fire, flood, or explosion (whether or not the fire, flood, or explosion is caused or contributed to by the lessee’s negligence): (ii) lightning, storm, earthquake, or volcanic activity: (iii) any other cause the risk for which the lessor has insured the premises. (3) Despite subclause (2)(b), the lessee is not excused from liability to repair any damage caused by any of the events referred to in that paragraph if, and to the extent that, any insurance moneys that would otherwise have been payable to the lessor for the destruction of or damage to the leased premises cannot be recovered because of an act or omission of— (a) the lessee; or (b) the lessee’s agent, contractor, or invitee; or (c) any other person under the lessee’s direction or control. Compare: 1952 No 51 s 106

Official source: legislation.govt.nz

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