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RESIDENTIAL TENANCIES ACT 1997 - SECT 149 Condition report is evidence of state of repair

RESIDENTIAL TENANCIES ACT 1997 - SECT 149

Condition report is evidence of state of repair

    (1)     A statement in a condition report under section 148 is conclusive evidence, for the purposes of this Act, of the state of repair or general condition of the caravan on the day specified in the report if the report is signed by or on behalf of—

        (a)     the caravan park owner or the caravan owner; and

        (b)     the resident.

S. 149(1A) inserted by No. 45/2018 s. 134(1).

    (1A)     A condition report that is given to a caravan park owner or a caravan owner is taken to be notice given to the caravan park owner or a caravan owner of any defects or outstanding repairs stated in the report.

    (2)     Subsection (1) does not apply to—

        (a)     a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the caravan; or

S. 149(2)(b) substituted by No. 45/2018 s. 134(2).

        (b)     any statement in the report about which the resident records a written comment disagreeing with the statement on the copy of the report completed by the caravan park owner, or the caravan owner (as the case requires); or

S. 149(2)(c) inserted by No. 45/2018 s. 134(2).

        (c)     a statement on the condition report with which the caravan park owner, or the caravan owner (as the case requires) has disagreed in writing, if the report was completed by the resident before or after it was completed by the caravan park owner or the caravan owner.

Division 3—Rents and hiring charges