Making minor changes to the property

What do tenants need to do if they want to make some changes to the property?

The tenant needs to send the landlord an email or write to the landlord requesting consent to make the change. If the change is a minor change, the landlord cannot withhold consent. The landlord must respond to the request in writing within 21 days.

If the change is more than minor, the landlord can only withhold consent if the request is unreasonable. In this situation, the landlord can take longer than 21 days to consider the request if they notify the tenant that they will need more time within 21 days of the date that the tenant made the request. They must still respond within a reasonable amount of time. If the landlord consents to the request, they can impose reasonable conditions for both a minor or a more major change. What conditions are reasonable will depend on the situation. An example might be that the landlord might ask that shelving is installed in a slightly different location to avoid disrupting wiring behind a wall. If the landlord doesn’t consent to the request, 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 would like to challenge the landlord’s decision.

Who has to pay for any changes made to the property?

If a tenant wants to make a change to their rental property, then they will have to pay for it. The tenant will also be liable for the cost of any remedial work required as a result of any minor changes they have added to a rental property.

What does “substantially the same” condition mean?

The tenant must return the property to a condition that is similar to the state it was in before the change was made. This means that they must reverse the changes made, unless the landlord agrees that they would like the change to remain. Minor and unimportant differences will, however, be acceptable. Parties should discuss remediation when a change is requested to avoid issues arising at the conclusion of the tenancy.

What meets the definition of a minor change?

Minor changes have the following attributes:

  • They present a low risk of damage to the property.

  • They are of a nature that allows the property to be easily returned to a reasonably similar condition at the end of the tenancy.

  • They do not pose a health and safety risk that is not able to be sufficiently mitigated, including during installation and removal.

  • They have no impacts on third parties.

  • They require no consent under law (e.g. a building consent).

  • They do not breach bylaws, body corporate rules, covenants, or other obligations or restrictions relevant to the premises.

It will be unreasonable for a landlord to decline a request for something that has these traits.

What are examples of minor changes?

Depending on the circumstances, examples of minor changes could include:

  • installing minor accessibility changes that improve safety for disabled people such as visual alerts for fire, security alarms and doorbells, where this has low impacts and will be reversed at the conclusion of the tenancy

  • securing furniture or appliances to protect against earthquake risk or to make a property child safe

  • installing dishwashers and washing machines

  • installing a baby gate

  • affixing child safe latches to cupboards

  • installing shelving

  • installing television aerials

  • installing gardens when these can be returned to the original state at the conclusion of the tenancy

  • installing curtains and window coverings

  • installing internal locks provided they are compliant with relevant fire safety laws; and

  • installing picture hooks.

On what grounds can a landlord decline a tenant’s request to make changes to the property?

If the requested change is minor, it is not reasonable to decline. The landlord must refer to the definition of a minor change (above) when deciding whether the request falls into this category. If the landlord declines unreasonably, the tenant can take the landlord to the Tenancy Tribunal and they could be liable for a penalty of up to $1,500.

If the change is more than minor, a landlord can decline if the request is unreasonable. This will depend on the situation, and landlords should weigh up the benefits and potential impacts to their property of the change the tenant is proposing.

Relevant factors to consider could include:

  • The impact that the change is likely to have on the property, and whether any negative impacts can be reversed or mitigated;

  • Any immediate and pressing need that the tenant has for the change; and

  • Whether the tenant has provided reasonable assurance that the change will be carried out to a satisfactory standard.

What are examples of reasonable conditions that a landlord can attach to permission?

Landlords may be able to require the tenant to change the location of the change. For example, asking them to install shelving at a particular location to avoid wiring behind a wall. Landlords may also be able to require that the tenant uses a particular method or material to install the fixture that minimises risk of damage. For example, asking that the tenant uses a particular product for hanging pictures to minimise impacts.

Rueben SkipperDunedin Property Management