Western Australian Current Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 44

44 .         Quiet enjoyment

        (1)         In this section —

        premises includes fixtures and chattels provided with the premises, but does not include —

            (a)         any fixture or chattel disclosed by the lessor as not functioning before the agreement was entered into; or

            (b)         any other fixture or chattel that the tenant could not reasonably have expected to be functioning at the time the agreement was entered into.

        (2)         It is a term of every residential tenancy agreement —

            (a)         that the tenant is to have quiet enjoyment of the premises without interruption by the lessor or any person claiming by, through or under the lessor or having superior title to that of the lessor; and

            (b)         that the lessor must not cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the premises; and

            (c)         that the lessor must take all reasonable steps to enforce the obligation of any other tenant of the lessor in occupation of adjacent premises not to cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the premises.

        [Section 44 inserted: No. 60 of 2011 s. 41.]