New Residential Tenancy Law Changes

Changes of a ‘minor nature’

Tenants are currently allowed to install fixtures or make alterations, additions or renovations if they have the landlord’s written consent, or if the residential tenancy agreement permits it.

The tenant must pay for the fixture they install or for any alteration, renovation or addition to the property, unless the landlord agrees otherwise.

If the tenant’s request for a fixture or alteration, addition or renovation is of a ‘minor nature’ then the landlord must not unreasonably withhold consent.

The new Regulation includes a list of the kinds of fixtures or alterations, additions or renovations of a ‘minor nature’ for which it would be unreasonable for a landlord to withhold consent. The new Regulation also specifies which of those changes a landlord may require be carried out by a qualified person.

Some restrictions also apply to property in a strata scheme or in a residential land lease community.

Even if the fixture, alteration, addition or renovation is included on the list below, tenants are still required to get the landlord’s written consent to the change.

However, for changes that are on the list and not covered by an exemption, it is unreasonable for the landlord to refuse consent or place conditions on the consent.

Some of the changes added that it would be “Unreasonable" for Landlord to Withhold Consent are listed below:

• Fitting a childproof latch to an exterior gate of a single dwelling
• Inserting fly screens on windows
• Installing or replacing an internal window covering
• Installing cleatsor cord guides ro secure blind or curtain cords
• Installing child safety gates inside the preimises
• Installing window safety devices for child safety
• Installing hand-held shower heads or lever-style taps for the purpose of assisting elderly or disabled people
• Installing or replacing hooks, nails or screws for hanging paintings, picture frames and other similar items
• Installing a carriage service for connecting a phone line or accessing the internet and any facility or customer equipment associated with the provision of the service
• Planting vegetables, flowers, herbs or shrubs if existing vegetation or plants do not need to be removed— shrubs will not grow to more than 2 metres in height
• Installing, on the residential premises to which the residential tenancy agreement relates, a wireless removable outdoor security camera
• Applying shatter-resistant film to windows or glass doors
• Making a modification that does not penetrate a surface, or permanently modify a surface, fixture or the structure of the premises

Damage and removing modifications

Tenants are still responsible for any damage they cause to the property.

The existing requirements on liability for damage and removing any alterations, additions, renovations or fixtures still apply.

At the end of the tenancy, a tenant is responsible for leaving the property in the same condition as at the start of the tenancy, except fair wear and tear.

This includes making sure any alterations, additions or renovations are removed and also fixing any damage caused to the property.

For ‘fixtures’, a tenant can choose whether to remove any ‘fixtures’ they have installed, provided they repair or compensate the landlord for any damage caused by removing the fixture.

A tenant cannot remove any fixtures if the landlord paid for them.

Landlords may apply to the NSW Civil and Administrative Tribunal (the Tribunal) to seek compensation from the tenant for the costs involved if the work is not done to a satisfactory standard, or if the work is likely to adversely affect the landlord’s ability to let the premises to other tenants if it isn’t corrected.