Western Australian Current Acts

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OCCUPIERS' LIABILITY ACT 1985 - SECT 9

9 .         Duty of care of landlord

        (1)         Where premises are occupied or used by virtue of a tenancy under which the landlord is responsible for the maintenance or repair of the premises, it shall be the duty of the landlord to show towards any persons who may from time to time be on the premises the same care in respect of dangers arising from any failure on his part in carrying out his responsibilities of maintenance and repair of the premises as is required under this Act to be shown by an occupier of premises towards persons entering on those premises.

        (2)         Where premises are occupied or used by virtue of a sub-tenancy, subsection (1) shall apply to any landlord who is responsible for the maintenance or repair of the premises comprised in the sub-tenancy.

        (3)         Nothing in this section shall relieve a landlord of any duty which he is under apart from this section.

        (4)         This section applies to tenancies created before the commencement of this Act as well as to tenancies created after its commencement.



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