Under NSW tenancy law, which of the following lease terms would be considered invalid and unenforceable?
Correct Answer
C) The tenant must pay for all repairs to the premises, whatever their cause
A clause making tenants responsible for all repairs regardless of cause would be invalid under NSW tenancy law as it contradicts the landlord's statutory obligation to maintain the property. Such clauses that attempt to override tenant rights or landlord obligations are unenforceable.
Why This Is the Correct Answer
The Residential Tenancies Act 2010 (NSW) makes the landlord responsible for keeping the premises in reasonable repair, and a term that tries to contract out of the Act has no effect. A clause making the tenant pay for every repair, including fair wear and tear and failures the tenant did not cause, cuts across that duty and cannot be enforced.
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