Chattels

Chattels are items that a landlord may leave in the property for a tenant to use, such as a fridge.
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What are chattels?

Chattels include things like curtains, rugs, furniture and washing machines.

Chattels don’t include things that are fixed to the building or land (“fixtures”), such as baths, carpet, cupboards and fences.

Chattels don’t include things that the landlord must provide by law, such as a stove.

Landlords sometimes leave a number of chattels at the rental property either to help the tenant, or as a way of asking for more rent, or just because they have nowhere else to put them.

There are a number of things for the tenant to be aware of if they have the landlord’s chattels in the property.

Chattels should be listed in the tenancy agreement

Any chattels left by the landlord at the beginning of the tenancy must be listed in the tenancy agreement (s 13A(1)(o) RTA) and should also be listed in the property inspection report that is signed by the tenant and the landlord.

Tenants must leave behind all of the landlord’s chattels when they shift out (s 40(1)(e)(v) RTA).

A landlord can’t come and take away any of their chattels during the tenancy without the tenant’s agreement. If they do agree, this will be a change to the tenancy agreement, and should be recorded in writing, and signed and dated (s 13B RTA).

Problems with chattels

There are two main problems that can arise in relation to chattels.

  1. Maintenance of the landlord's chattels and use.
  2. Storage of the landlord’s chattels.

Because of these potential problems, a tenant might decide to ask their landlord not to leave behind certain chattels at the start of the tenancy.

Maintenance and repair of the landlord’s chattels

Landlords are responsible for the repair and maintenance of their chattels due to fair wear and tear. If the tenant used the chattel responsibly and didn’t abuse it, most breakdowns or damage are likely to fall under fair wear and tear.

Things like fridges, washing machines and dryers are prone to having issues over time, but how quickly this happens, will in part depend on how careful the tenant is in using and caring for it. If the landlord claims the tenant used the chattel carelessly and must pay for the repair (see information about careless damage here), the landlord would have to prove this.

If the landlord isn’t willing to replace or repair their chattel, the tenant may end up having to use the faulty item, pay for alternative options, or consider taking the landlord to the Tenancy Tribunal.

For this reason, it’s worth the tenant considering whether they actually want the landlord's chattels in the tenancy. The tenant can ask that they be removed from the property before the tenancy begins.

If a landlord agrees that a chattel has been subject to fair wear and tear, they can’t simply decide not to repair it (unless the tenant agrees that they no longer want or need it). For example, if a fridge was provided at the start of the tenancy and it stops working, the landlord can’t just decide that they won’t replace it as the provision of a fridge forms part of the tenancy agreement.

Use and storage of the landlords chattels

Another problem that can arise with the landlord’s chattels is the problem of storage when the tenant is providing their own. For example, the landlord may wish to leave a fridge in the flat to save storing it elsewhere, but the tenant has a fridge of their own which they want to use.

In these circumstances the tenant should ask that the landlord's chattel not be included in the tenancy agreement, and ask that it be removed from the property before the tenancy starts.

Once the tenancy agreement has been signed, the tenant can ask that the chattel be removed, but the landlord does not have to agree to this. If both parties agree that a chattel will be removed, this will be a change to the tenancy agreement, so should be put in writing, and be signed and dated (s 13B RTA).

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