Changes of a ‘minor nature’ in a rental property
Tenants have always been able to make minor alterations, add fixtures and perform minor renovations with their landlords’ consent, but historically, some landlords have been reluctant to consent to any changes. This resulted in tenants renting properties with a “no picture hooks” policy for example, meaning that they felt like they were unable to make their rented property feel like “home”.
New changes to the property industry in NSW commencing on 23 March 2020 will affect landlords’ ability to say “no” to tenants’ requests.
Basically, after the reforms come into place, tenants will still have to ask permission in writing to make these changes, but landlords will not have the right to deny their tenants’ requests if the changes are of a minor nature. Some examples of what might constitute “minor” alterations – and therefore under the new laws it would be considered “unreasonable” for a landlord to refuse – are:
- securing furniture to a wall of premises, other than a tiled wall, if it is necessary for the safe use of the furniture
- 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 cleats or cord guides to secure blind or curtain cords
- installing child safety gates inside the premises
- 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 (may need to be a licensed tradesperson or qualified professional that does the installation)
- 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 (may need to be a licensed tradesperson or qualified professional that does the installation)
- planting vegetables, flowers, herbs or shrubs if existing vegetation or plants don’t need to be removed, and if any shrubs being planted will not grow taller than 2 metres
- installing, on the residential premises to which the residential tenancy agreement relates, a wireless removable outdoor security camera (subject to the laws that regulate the installation, use and maintenance of surveillance devices)
- 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.
There are a few limitations to the new rules about allowing minor alterations. For example, if the rental property is on the loose-fill asbestos insulation register or if the property is a heritage item, the new rules will not apply.
The new rules will also not apply if the property is part of a strata scheme and the requested alterations do not comply with the strata by-laws. From 23 March, strata by-laws must be included with the lease that tenants sign, so tenants will be aware of what is or is not allowed by strata before they make a request to have minor alterations approved.
Click here to read about the new lease break fee laws commencing 23 March 2020.
Click here to read about the new smoke alarm laws commencing 23 March 2020.
Click here to read about what hasn’t changed for investors since 23 March 2020.
Click here to read about the new laws about minor alterations commencing 23 March 2020.
You can read more information about the reforms to tenancy laws here.
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By Rebecca Nutley
