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Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

42: Tenant's fixtures, etc

You could also call this:

“Rules about what you can put in or change in the house you're renting”

You can only add fixtures, make changes, or renovate the place you’re renting if your tenancy agreement says you can, or if you get written permission from your landlord first. Your landlord might have to follow some rules about giving permission, which you can find in section 42A.

If you add any fixtures during your tenancy, you can take them off before you move out, as long as it doesn’t cause serious damage to the property. If you don’t remove your fixtures when you leave, they become the landlord’s property.

Even after your tenancy ends, you might still be able to remove fixtures if you and your landlord agree, or if you think the landlord said or did something to make you believe it was okay.

If you damage the property while removing a fixture, you need to tell your landlord right away. You might have to fix the damage yourself or pay for the landlord to fix it.

These rules don’t apply to small changes. For small changes, there are different rules in section 42B(4) to (6).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95092.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
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41: Tenant's responsibility for actions of others, or

“The tenant is responsible for what other people do in the home, even if the tenant didn't do it themselves.”

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42A: Consent for tenant’s fixtures, etc, or

“Rules about asking the landlord if you can change things in the house you're renting”

Part 2 Tenancy agreements
Rights and obligations of parties

42Tenant's fixtures, etc

  1. The tenant shall not affix any fixture to the premises, or make any renovation, alteration, or addition of or to the premises, except—

  2. in accordance with the tenancy agreement; or
    1. with the prior written consent of the landlord (see section 42A).

      1. Repealed

      2. The tenant may, at any time before the expiry of the tenancy, remove any fixture that the tenant has affixed to the premises during the term of the tenancy, unless the removal would cause irreparable damage to the premises.

      3. Any fixtures affixed by the tenant to the premises but not removed by the tenant on the expiry of the tenancy become the property of the landlord.

      4. Despite subsection (4), the tenant may remove any fixtures on or after the expiry of the tenancy if the tenant—

      5. does so in accordance with an agreement or arrangement reached with the landlord; or
        1. reasonably believes that he or she is entitled to do so because of anything the landlord has said or done.

          1. If, on removing any fixture, the tenant causes any damage to the premises, the tenant must inform the landlord immediately and, at the landlord’s option, either repair the damage or compensate the landlord for any reasonable expenses incurred by the landlord in repairing the damage.

          2. Subsections (3) to (6) do not apply in relation to a fixture that is a minor change. (See instead section 42B(4) to (6).)

          Compare
          • Residential Tenancies Act 1978–1981 s 50 (SA)
          Notes
          • Section 42 heading: amended, on , by section 22(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
          • Section 42(1)(b): amended, on , by section 22(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
          • Section 42(2): repealed, on , by section 22(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
          • Section 42(4): replaced, on , by section 27 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
          • Section 42(5): inserted, on , by section 27 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
          • Section 42(6): inserted, on , by section 27 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
          • Section 42(7): inserted, on , by section 22(4) of the Residential Tenancies Amendment Act 2020 (2020 No 59).