Northern Territory Consolidated Acts

RESIDENTIAL TENANCIES ACT - SECT 51

(1) It is a term of a tenancy agreement that a tenant:

(a) will not maintain the premises and ancillary property in an unreasonably dirty condition, allowing for reasonable wear and tear;

(b) must notify the landlord of any damage or apparent potential damage to the premises or ancillary property, other than damage of a negligible kind;

(c) must not intentionally or negligently cause or permit damage to the premises or ancillary property;

(d) if the premises are a unit within the meaning of the Unit Titles Act or Unit Title Schemes Act - must not intentionally or negligently cause or permit damage to the common property within the meaning of that Act;

(e) if the premises are a building lot within the meaning of the Unit Titles Act - must not intentionally or negligently cause or permit damage to the common property within the meaning of that Act; and

(f) if the premises are a lot within the meaning of Part IVB of the Unit Titles Act - must not intentionally or negligently cause or permit damage to the common property within the meaning of that Act.

(2) It is a term of a tenancy agreement that at the end of the tenancy the tenant must give the premises and ancillary property back to the landlord:

(a) in reasonable state of repair; and

(b) in a reasonably clean condition,

allowing for reasonable wear and tear.

(3) A tenant is not in breach of the term of the agreement specified in subsection (1) or (2) if:

(a) the breach is caused by the landlord's failure to repair or maintain the premises or ancillary property; and

(b) the landlord had notice that the repairs or maintenance were required.

(4) In deciding whether premises or ancillary property are in reasonable condition or in a reasonably clean condition, a landlord, the Commissioner or a court must take into account:

(a) the condition of the premises or ancillary property when the tenant took possession of them as determined by a condition report, if any, accepted under Part 5 by the landlord and the tenant;

(b) if the tenancy agreement has terminated or the tenant has, in the opinion of the landlord, apparently abandoned the premises - the condition of the premises or ancillary property as determined by a condition report, if any, accepted under Part 12 by the landlord and the tenant; and

(c) the effect of reasonable wear and tear during the tenancy.

(5) If a condition report was not accepted by the landlord and the tenant in relation to the premises or ancillary property under Part 5:

(a) the tenant is to be taken to have complied with the term of the agreement specified in subsection (1); and

(b) if the tenancy agreement has terminated or the tenant has, in the opinion of the landlord, apparently abandoned the premises - the premises or ancillary property are to be taken to have been at the time when the tenant took possession of the premises under the tenancy agreement, in the condition they are at the end of the tenancy agreement.