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Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

42A: Consent for tenant’s fixtures, etc

You could also call this:

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

You can ask your landlord for permission to make changes to your home, like adding fixtures or making alterations. Your landlord must be fair when deciding whether to allow these changes. They can’t say no without a good reason.

If your landlord says yes, they can set some reasonable rules about how you make the changes. This is to make sure everything is done properly and safely.

When you ask your landlord for permission, it’s best to do it in writing. Your landlord then has 21 days to reply to you, also in writing. In their reply, they need to tell you if they think your requested change is a small one or a big one. You can find out more about what counts as a small change in [section 42B(2)].

If your landlord thinks your requested change is a big one, they might need more time to think about it. If so, they can tell you in their first reply that they need extra time. When this happens, they should give you an answer within a reasonable amount of time.

Your landlord must follow these rules about replying to you. If they don’t, and they don’t have a good excuse, they are breaking the law.

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 It might be out of date or be missing some parts.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=LMS451308.

Topics:
Housing and property > Renting
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42: Tenant's fixtures, etc, or

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

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42B: Minor changes, or

“When a tenant wants to make small, safe changes that are easy to undo, the landlord should say yes.”

Part 2 Tenancy agreements
Rights and obligations of parties

42AConsent for tenant’s fixtures, etc

  1. The landlord must not unreasonably withhold consent for a fixture, renovation, alteration, or addition.

  2. The landlord may impose reasonable conditions on the landlord’s consent.

  3. If the tenant makes a written request for consent, the landlord must respond in writing within 21 days after receiving the request.

  4. In the response, the landlord must indicate whether or not the landlord considers the fixture, renovation, alteration, or addition to be a minor change (see section 42B(2)).

  5. If the landlord considers the fixture, renovation, alteration, or addition to be more than a minor change and the landlord needs more time to consider the request, the landlord may, in the written response under subsection (3), extend the time for responding to the tenant’s request.

  6. A landlord who extends the time for responding under subsection (5) must respond to the request in writing within a reasonable amount of time.

  7. A landlord commits an unlawful act if the landlord fails, without reasonable excuse, to comply with subsection (3), (4), or (6).

Notes
  • Section 42A: inserted, on , by section 23 of the Residential Tenancies Amendment Act 2020 (2020 No 59).