This guide covers landlords (or head-tenants) and tenants (or sub-tenants) in a Residential Tenancy. This applies to the majority of share accommodation and residential property rental situations. To confirm it covers your situation visit What is my share accommodation situation?
The tenant can only make any alterations or additions to the premises, or install a fixture, if the landlord gives written consent. Consent is not necessary if the tenancy agreement allows the tenant to make alterations or install fixtures.
Before making any kind of alteration or addition to the property, the tenant should carefully consider whether they need the landlord’s consent and how it might affect the long-term value and nature of the rented premises.
The best approach to any kind of addition or alteration is for the tenant and landlord to discuss it and come to a mutually convenient agreement. Landlords should be aware that tenants may sometimes need to install fixtures or change the premises to suit their needs. Tenants should also remember that the premises is the property of the landlord and that any changes they make could effect its long-term value.
Fixtures vs Fittings
A ‘fixture’ is a good that the tenant brings onto the rented premises, and which becomes part of the rented premises. Fixtures are normally attached to the premises in some way. Common examples of fixtures include carpets, gas stoves, or built in air-conditioners. Goods brought onto the premises that are not fixtures are called ‘fittings’ and include blinds, portable ovens, free-standing sheds, and portable air conditioners. The tenant only needs the consent of the landlord to install fixtures, not for fittings.
The tenant can remove a fixture that they earlier installed at the premises. However, if removal will likely cause damage to the premises, then they cannot remove it.
If the tenant does damage the premises while removing a fixture, they must:
These legal guides provide a brief summary and introduction of the laws and regulations affecting share accommodation. They do not cover all cases in all legal jurisdictions and might not apply in your specific share accommodation situation. It is important that you use this information as a guide only and seek independent Legal Advice or consult the Relevant Acts. We do not accept any liability that may arise from the use of this information.