Section 45 — Residential Tenancies Act 1986: Landlord's responsibilities
Text of the provision Official document
45 Landlord's responsibilities (1) The landlord shall— (a) Provide the premises in a reasonable state of cleanliness; and (b) Provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes; and (c) Comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises; and (d) Compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises where— (i) The state of disrepair has arisen otherwise than as a result of a breach of the tenancy agreement by the tenant and is likely to cause injury to persons or property or is otherwise serious and urgent; and (ii) The tenant has made a reasonable attempt to give the landlord notice of the state of disrepair; and (e) Take all reasonable steps to ensure that none of the landlord's other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises. (2) The landlord shall not interfere with the supply of gas, electricity, water, telephone services, or other services to the premises, except where the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out. (3) The provisions of subsection (1) of this section shall apply notwithstanding that the tenant has notice of the state of the premises at the time at which the tenancy agreement is entered into. (4) Nothing in subsection (1) of this section shall impose upon the landlord any obligation to repair any damage, or compensate the tenant for any want of repair, arising out of any breach by the tenant of any obligation imposed on tenants by section 40 of this Act. (5) In this section premises includes facilities. Compare: 1952 No 51 s 116H ; 1975 No 36 s 10; Residential Tenancies Act, 1978-1981 (South Australia),
s 46(1), (2), (4)
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →