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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 81

Condition report at start of rooming accommodation

81 Condition report at start of rooming accommodation

(1) The provider or provider’s agent must on or before the day the resident occupies a room in rental premises under the rooming accommodation agreement
(a) prepare, in the approved form, a condition report for the room and the facilities in the room; and
(b) sign the condition report; and
(c) give a copy of the condition report to the resident.
Penalty—
Maximum penalty—20 penalty units.
(2) The resident must, within 7 days after the resident occupies the room under the rooming accommodation agreement
(a) sign the copy of the condition report given to the resident; and
(b) if the resident does not agree with the condition report—show the parts of the condition report the resident disagrees with by marking the copy of the condition report in an appropriate way; and
(c) return the copy of the condition report to the provider or provider’s agent.
Penalty—
Maximum penalty—20 penalty units.
(3) However, if the provider or agent has not given a copy of the condition report to the resident before the resident occupies the room, subsection (2) applies to the resident as if a reference to starting to occupy the room were a reference to receiving the copy.
(4) If the resident returns the copy of the condition report to the provider or agent under subsection (2) , the provider or agent must make a copy of the condition report and return it to the resident within 14 days.
Penalty—
Maximum penalty—20 penalty units.
(5) The provider or agent must keep, until at least 1 year after the last rooming accommodation agreement, to which a condition report relates, ends—
(a) the signed copy of the condition report returned to the provider or agent by the resident; or
(b) if the resident does not return a signed copy—another copy of the condition report.
Penalty—
Maximum penalty—20 penalty units.
(6) If the provider or agent complies with subsection (1) for a rooming accommodation agreement (the
"original agreement" ), subsections (1) to (4) do not apply in relation to a later rooming accommodation agreement (a
"renewal agreement" ) that continues the resident’s right to occupy the same room.
(7) Unless a new condition report is prepared for a renewal agreement, the condition report for the original agreement is taken to be the condition report for the renewal agreement at the start of the rooming accommodation.
(8) In this section—

"resident" , in relation to rental premises, includes a person who proposes to be a resident of the premises.



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