Sometimes tenants want to attach fixtures to the property, or do other modifications or renovations. These might include installing a cat door, erecting fences or gates, attaching shelving, and painting walls.
The landlord must not unreasonably withhold consent for a fixture, renovation, alteration, or addition, but may put some reasonable conditions on their consent.
The process for making modifications to the property is as follows.
Check with the landlord
If a tenant wants to make changes to their property they need to check with their landlord. This is best done in writing, either by email or letter so there is a record of it.
Tenancy Services has created this template letter that tenants can use to request a minor change.
Landlord must respond
If the tenant makes a written request, the landlord must reply within 21 days, or they can ask for more time if they consider that what is being asked for is more than a minor change.
Landlord must allow minor changes
As a result of recent changes to the law, the landlord must agree if the change is minor (s 42A, 42B RTA).
A minor change is one which:
- presents a low risk of damage to the property.
- allows the property to easily be returned to a similar condition at the end of the tenancy.
The full list of what constitutes a minor change is in s 42B(2) RTA.
Some examples of minor changes include things like securing furniture to protect against an earthquake, installing picture hooks, shelving, a dishwasher, curtains, or a baby gate.
Landlord must allow 'more than minor' changes, unless unreasonable
If the change is more than minor, the landlord still must consent to the change, unless the change is unreasonable. This might mean for example, a change that would be hard to return to the previous state.
If the change is more than minor the landlord can tell the tenant that they need more than 21 days to consider the request, but still must reply within a reasonable time.
Landlord can attach reasonable conditions
If the landlord consents to the tenant making a change (either minor or major), they can attach reasonable conditions to that consent, eg, asking that a particular kind of picture hook be used.
Tenant is responsible to pay for the changes
The tenant is responsible for the cost of making any of the changes they have requested. However, in situations where the change is something that will benefit the landlord by improving the tenancy, the tenant may be able to negotiate a contribution from the landlord.
Tenant is responsible for returning property to previous state
At the end of the tenancy the tenant is responsible for returning the property to ‘substantially' the same condition as before the changes, unless the landlord and tenant agree otherwise. It's definitely worth exploring this with the landlord, as some changes will be improvements to the property that are useful for future tenants too.
If the landlord doesn't consent to the changes, the tenant can't make the change, even if the change is minor or the landlord is being unreasonable. The tenant can apply to the Tenancy Tribunal if they want to challenge the landlord's decision. If the Tribunal finds against the landlord they can be liable for penalties of up to $1,500.
If the tenant doesn't seek permission before doing the work and damages the landlord's property, it may be considered intentional damage, which means the tenant is liable to pay for the damage in full (see for example Tenancy Tribunal Order 4234052, 4249192 at [18]).
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