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Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 18 November 2017 at 08:14)
Part 3 Division 6
Division 6 Alterations and additions to residential premises
66   Tenant must not make alterations to premises without consent
(1)  A tenant must not, without the landlord’s written consent or unless the residential tenancy agreement otherwise permits, install or cause to be installed a fixture or make or cause to be made any renovation, alteration or addition to the residential premises.
(2)  A landlord must not unreasonably withhold consent to a fixture, or to an alteration, addition or renovation that is of a minor nature.
(3)  A landlord may withhold consent to any other action by the tenant that is permitted under this section whether or not it is reasonable to do so.
(4)  A fixture installed by or on behalf of the tenant, or any renovation, alteration or addition to the residential premises by or on behalf of the tenant, is to be at the cost of the tenant, unless the landlord otherwise agrees.
(5)  This section is a term of every residential tenancy agreement.
67   Removal of fixtures installed by tenant
(1)  A tenant may, at the tenant’s cost and before the tenant gives vacant possession of the residential premises, remove any fixture that was installed by the tenant in accordance with this Act or the residential tenancy agreement.
(2)  A tenant must notify the landlord of any damage caused by removing a fixture and must repair the damage or compensate the landlord for the landlord’s reasonable expenses of repairing the damage.
(3)  Despite subsection (1), a tenant is not entitled to remove a fixture without the consent of the landlord if the fixture was installed at the landlord’s expense or the landlord provided the tenant with a benefit equivalent to the cost of the fixture.
(4)  This section is a term of every residential tenancy agreement.
68   Tenants’ remedies for alterations
(1)  The Tribunal may, on application by a tenant, make any of the following orders, if the landlord fails to consent:
(a)  an order that the tenant may install a fixture or make a renovation, alteration or addition to the residential premises,
(b)  an order that the tenant is entitled to remove a fixture installed by the tenant.
(2)  The Tribunal may order that the tenant may install a fixture or make a renovation, alteration or addition to the residential premises only if it is satisfied:
(a)  that the landlord’s failure to give consent is unreasonable, and
(b)  if the consent is to a renovation, alteration or addition, that it is of a minor nature.
(3)  The Tribunal may determine that a landlord’s failure to consent is reasonable in any of the following circumstances (but is not limited to those circumstances for such a determination):
(a)  if the work involves structural changes,
(b)  if the work involves work that would not be reasonably capable of rectification, repair or removal,
(c)  if the work involves internal or external painting of the residential premises,
(d)  if the work is prohibited under any other law,
(e)  if the work is not consistent with the nature of the property.
69   Landlords’ remedies for alterations
(1)  The Tribunal may, on application by a landlord, make any of the following orders:
(a)  an order prohibiting the tenant from removing a fixture,
(b)  an order that the tenant compensate the landlord for the cost of rectifying work done by or on behalf of the tenant on the residential premises.
(2)  The Tribunal may make an order under subsection (1) (b) only if the Tribunal is satisfied that:
(a)  the work was not done to a satisfactory standard, or
(b)  the work, if not rectified, is likely to adversely affect the landlord’s ability to let the residential premises to other tenants.
(3)  The Tribunal may make an order that the tenant compensate the landlord for the cost of rectifying work done by or on behalf of the tenant whether or not the landlord consented to the carrying out of the work.