TENANCY AGREEMENT GENERAL CONDITIONS OF TENANCY - Part 2

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Landlord Repairs:
1. 1) To keep in repair the structure and exterior of the dwelling.
2) To maintain any item in the dwelling which is a GHA responsibility.
3) To decorate the exterior of the dwelling at least once every 5 years (unless the tenant wishes to carry out external redecoration in which case consent will not be unreasonably withheld).

2. GHA’s obligations to repair and maintain and decorate must be construed subject to the following:
a) GHA is not under any duty to repair or maintain anything which is the Tenant responsibility or to carry out any works for which the tenant is liable by virtue of this agreement or otherwise.
b) GHA is not under any duty to repair or maintain anything:
i) Which was not constructed or provided by GHA or
Any person from which it derives title or
Any previous tenant (other than anything which was constructed or provided by the tenant and in respect of which construction or provision the consent of GHA has been forthcoming): or
ii) Which the tenant is entitled to remove from the dwelling.
c) GHA is not under any duty to rebuild or reinstate the dwelling in the case of destruction or damage by fire, tempest, flood or other inevitable damage. However in any such case GHA will normally rebuild or reinstate, unless in its opinion:
- the cost of doing so would be disproportionately high or
- there are other special reasons for not doing so.
d) In determining the standard of repair or maintenance necessary for compliance with GHA’s obligations in that connection, regard is to be had to the age, character and prospective life of the dwelling at the time of the need for the relevant repair or maintenance.
e) GHA is not under any duty to carry out any work by virtue of its obligations to repair and maintain until a reasonable period had elapsed after the General Manager has been given written specific notice (by or on behalf of the tenant) of the need for such work.

Quiet Enjoyment:
3. If the tenant pays the rent and observes and performs all the Tenant’s Obligations under this Agreement, the tenant may quietly enjoy the dwelling without any interruption by GHA or any person claiming through or under GHA except that such interruption is expressly or impliedly permitted by the Agreement (in particular pursuant to clause 3 in part 3).

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