Residential Tenancies Act 2004

Duty owed to certain third parties to enforce tenant's obligations.

15

15.—(1) A landlord of a dwelling owes to each person who could be potentially affected a duty to enforce the obligations of the tenant under the tenancy.

(2) In subsection (1)“person who could be potentially affected” means a person who, it is reasonably foreseeable, would be directly and adversely affected by a failure to enforce an obligation of the tenant were such a failure to occur and includes any other tenant under the tenancy mentioned in that subsection.

(3) This section does not confer on any person a right of action maintainable in proceedings before a court for breach of the duty created by it; the sole remedy for such a breach is by means of making a complaint (where the conditions specified in section 77 for doing so are satisfied) to the Board under Part 6.

(4) Nothing in subsection (3) affects any duty of care, and the remedies available for its breach, that exist apart from this section.