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Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

42B: Minor changes

You could also call this:

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

You can make small changes to the place you’re renting, and your landlord can’t say no without a good reason. These small changes are called ‘minor changes’. They are things like adding fixtures or making small renovations that:

  • Don’t risk damaging the property much
  • Can be easily undone when you move out
  • Are safe to do and use
  • Don’t harm the building’s structure or how it keeps out weather
  • Don’t change the building’s look too much
  • Don’t bother other people nearby
  • Don’t need any official permissions
  • Don’t break any rules for the property

If you ask to make a minor change, your landlord must let you. If they don’t, they’re breaking the law.

When you move out, you need to undo these changes and make the property look like it did before, unless you and your landlord agree to leave the changes in place.

If you don’t undo the changes when you should, you’re breaking the law too.

Remember, all of this is part of the section 42A rules about changes to your rented home.

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 It might be out of date or be missing some parts.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=LMS451310.

Topics:
Housing and property > Renting
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“Rules about asking the landlord if you can change things in the house you're renting”

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Part 2 Tenancy agreements
Rights and obligations of parties

42BMinor changes

  1. Without limiting section 42A(1), it is unreasonable for a landlord to withhold consent to a minor change to premises.

  2. In this section and section 42A, a minor change is any fixture, renovation, alteration, or addition of or to the premises that—

  3. presents no more than a low risk of material damage to the premises; and
    1. would allow the premises to be returned easily to substantially the same condition; and
      1. does not pose a risk to health and safety (including during work to install, remove, or undo the minor change) that cannot reasonably practicably be eliminated or minimised; and
        1. does not compromise the structural integrity, weathertightness, or character of any building; and
          1. would not have an unreasonable negative effect on any person’s enjoyment or use of any property outside the premises; and
            1. does not require any regulatory consent (for example, a building consent); and
              1. does not breach any obligation or restriction relevant to the premises (for example, an obligation or a restriction imposed by a bylaw, a planning or body corporate rule, or a covenant).

                1. A landlord commits an unlawful act if the landlord withholds consent for a minor change.

                2. If a minor change is made in accordance with a request under section 42A, the tenant must, on or before the expiry of the tenancy, return the premises to a condition that is substantially the same as the condition that the premises were in before the minor change was made.

                3. Subsection (4) does not apply if the landlord and the tenant agree a different arrangement in relation to the minor change for the end of the tenancy (for example, that the minor change will remain in place).

                4. A tenant who fails to comply with subsection (4) commits an unlawful act.

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