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Court finds that tenants have a right to have their rented home in 'good repair'

On 9 September 2016 the Supreme Court found that a tenant had a right to expect that their home would be maintained in good repair.

On 9 September 2016 the Supreme Court found that a tenant had a right to expect that their home would be maintained in good repair, even though the place was in poor condition when the rental agreement was signed. The house was in a filthy and dilapidated condition when the tenant moved in. It had holes in the walls and floors and water damage and was sinking in one corner. The court found that the landlord was in breach of their obligations under 68 Residential Tenancies Act 1997 to ensure the premises are maintained in good repair.

See Shields v Deliopoulos [2016] VSC 500 (7 September 2016)(opens in a new window).

Note: Amendments to section 68, which apply from 29 March, 2021, reinforce and strengthen the duty of the rental provider to provide and maintain rental property in good repair, in effect, codifying the outcome of the Supreme Court decision mentioned above.

See s. 68—Residential Tenancies Act 1997 (Vic)(opens in a new window).

For detailed information, see the CAV Director's guideline 1 about maintenance under Reference.

Updated