Are Minor Changes Allowed in Rental Properties?

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What Are the Rules Around Making Minor Changes in Rental Properties? 

The laws around allowing minor changes in rental properties changed in 2021. We look at which alterations are permitted, and the process for consent. 

Can Tenants Make Minor Changes to Rental Properties? 

Yes, following the changes to the Residential Tenancies Act that were brought in in February 2021, home occupiers can now make minor changes to rental properties. Under the law, property owners can no longer unreasonably refuse these requests. 

Read more on the changes to the law: Residential Tenancies Amendment Act 2020  

What Are Examples of Minor Changes to Rental Properties? 

Examples of acceptable minor changes to a rental property include

• accessibility changes for disabled people
• the childproofing of properties
• the installation of window coverings.
  
  

Does the Home Occupier Need to Have Permission for These Minor Changes? 

Yes, home occupiers must make a request in writing to the landlord if they wish to make minor changes. The landlord is obligated to respond within 21 days and the home occupier must wait for their response before starting the work. The landlord can ask to extend this timeframe. 

What Are the Home Occupier’s Responsibilities? 

The home occupier must pay the installation costs (unless an arrangement is made with the landlord). It is also their responsibility to remove the new fitting at the end of the tenancy unless the landlord agrees the fitting can stay. 

In essence, it is the home occupier’s responsibility to return the property to substantially the same condition it was in before the minor change was made. 

Can Landlords Set Conditions for Minor Changes? 

Yes, while the landlord must not unreasonably withhold consent for a fixture, renovation, alteration, or addition, they can impose reasonable conditions for minor and major changes.  

An example of a reasonable condition could be a landlord asking that shelving be installed in a slightly different position to avoid disrupting existing wiring. 

Which Changes Are Not Acceptable? 

If a proposed change may lead to irreversible damage, the landlord can reject the request to safeguard their property.

Unacceptable modifications may include:

• removing a fixture in a manner that damages a wall
• installing a fixture that will cause damage when removed
• removing walls or built-in features
• removing carpeting.
  
  

What Happens if a Landlord Refuses Consent? 

A landlord commits an unlawful act if they withhold consent for an acceptable minor change and can be fined up to $1500.
 

Crockers’ View 

Crockers supports this change to allow tenants to personalise properties and make them feel more like a home. However, how well this works for everyone will depend on precedents that Tenancy Tribunal adjudicators set when making rulings about minor changes when a landlord and tenant disagree. 

Further Information 

For detailed information, see section 42A and 42B of the Residential Tenancies Amendment Act 2020. For advice on managing your rental property, contact our Property Management team at pm@crockers.co.nz or call for a chat on 09 623 5952.