Consultation Paper on the General Law of the Landlord and Tenant

obligation as regards a deterioration in the condition of a dwelling tobe imposed by section 16 of the Residential Tenancies Bill 2003 21 isso qualified. It is provided that in determining whether the obligationhas been complied with at a particular time, there is to be disregardedany deterioration “owing to normal wear and tear, that is to say wearand tear that is normal having regard to –(i) the time that has elapsed from the commencement of thetenancy;(ii) the extent of occupation of the dwelling the landlordmust have reasonably foreseen would occur since thatcommencement, and(iii) any other relevant matters.” 22The Commission inclines to the view that a similar qualificationwould be appropriate in the implied obligation under section 42. TheCommission provisionally recommends that the tenant’s repairingobligation under section 42 of Deasy’s Act should contain anexclusion of normal wear and tear.10.10 The Commission notes that section 16 of the ResidentialTenancies Bill 2003 contains other provisions relating to repairs. Inparticular it would impose on tenants of dwellings obligations to: (1)allow, at reasonable intervals, the landlord, and any person or personsacting on the landlord’s behalf, access to the dwelling (on a date andtime agreed in advance with the tenant) for the purposes of inspectingthe dwelling; 23 (2) notify the landlord or his or her authorised agent ofany defect which it is the landlord’s responsibility to repair under anystatute; 24 (3) allow the landlord, or again any person or persons actingon the landlord’s behalf, reasonable access to carry out works theresponsibility of the landlord; 25 (4) to defray the costs of the landlordin taking such steps as are reasonable in doing repairs the tenantshould have done. 26 The Commission takes the view that these are212223242526See paragraph 10.07 above.Section 16(f).Section 16(c).Section 16(d).Section 16(e).Section 16(g). See further paragraph 10.17 below.133