Asking To Make An Alteration

February 2014
Asking to make an alteration

Information for tenants
From time to time, you may wish to add to the comfort or
security of your home by making minor changes at your
own expense. It is important that you follow the proper
process otherwise action can be taken against you for
breaching the terms of your lease.
long as you notify your landlord or your agent of any

damage this causes.
Consent
If your landlord pays for the fixture in some way, then you
are not allowed to remove it without their consent. Your
landlord has the right to apply to the Tribunal for an order
that prohibits you from removing a fixture, or an order
that you pay for repairs to any damage you have caused
in removing a fixture.
You must first seek the landlords written consent before

you add a fixture or make any renovation, alteration or
addition to the premises. If an agent is managing the
property you can put your request to them. It is best to
put it in writing so you have a record of your request.
When submitting your request, you should try to provide
as much information as you can about the change you
wish to make to the property. For example, if you wish to
install pay television, you should first find out exactly
what is required to be done to the property. A landlord
may also be more likely to agree to your request if you
use a qualified tradesperson to carry out alterations.
Agreement is essential
You must then either pay for the cost of repairs, or

arrange to repair any damage to a satisfactory standard.
If you do not remove a fixture you have added by the

time you hand back possession, you cannot come back
and get it later on. It ceases to belong to you and forms
part of the premises.
When can a landlord refuse my

request?
Your landlord cannot unreasonably refuse to give you
consent to add a fixture or to make a change that is of a
minor nature.
Before you make any changes, you should agree with

your landlord as to who will pay the costs and what will
happen to any fixture you add at the end of the tenancy.
Make sure this is recorded in writing.
The law gives some guidance as to the types of reasons

where it would be reasonable for your landlord to say no
to your request.
Rules on costs
These include work which:
Generally, an added fixture or change made by you is at

your own expense unless your landlord offers to pay. For
example, your landlord may offer to share or cover the
cost of materials or reduce some rent. It is entirely up to
the agreement between you and your landlord. You are
not able to go to the NSW Civil and Administrative
Tribunal seeking to get back money for improvements so
make sure that this is agreed upon well in advance.
involves structural changes (e.g. knocking out a wall)

is not reasonably capable of being rectified, repaired
or removed
is not consistent with the nature of the property (e.g.
installing modern fixtures in a heritage property)
is prohibited under a law (such as a strata bylaw).
Removal at the end of the tenancy

If you pay for any fixtures in the premises, you are
allowed to remove them at the end of the tenancy, as
This is not an exhaustive list. There may be other

reasons to decline your request. If you think that the
reason for your landlords refusal is not reasonable, you
can apply to the Tribunal for permission to make the
change.
February 2014
Minor alterations
While a landlord cannot unreasonably refuse a change of
minor nature, the law does not define what a change of a
`minor nature is. This will depend on the property and
the circumstances. It is for you and your landlord to
agree on or for the Tribunal to resolve if a dispute arises.
If internal wiring is required then you may need to

organise a separate licensed cabler because the NBN
installer will not undertake internal wiring tasks and
permanent cabling through walls, floor or ceiling cavities.
The Australian Communications and Media Authority
(ACMA) can provide information on where to find
registered cablers.
Examples of the types of changes that may be

considered reasonable include:
Visit the NBN Co website for more information about

connecting to the NBN.
installing window safety devices for small children

installing additional security features
having a phone line connected
putting a reasonable number of picture hooks in the
wall
planting some vegetables or flowers in the garden
connecting to pay television
replacing the toilet seat
installing a grab rail in the shower for elderly or
disabled occupants.
Painting the premises

It is up to the landlord to decide whether you can paint
the premises (inside or out) and the Tribunal cannot give
permission if the landlord refuses. If the landlord does
consent, you should make sure they are aware of the
colour, type and brand of paint and how many coats you
are planning to do before you begin, to avoid any
disagreements later on. Make sure these details are
included in the landlord's written consent.
Remedies for unsatisfactory work

Your landlord can apply to the Tribunal for order against
you for the cost of rectifying work you have done or
arranged if:
they can show the work was not done to a
satisfactory standard or
it is likely to adversely affect the landlords ability to
rent the premises in the future to other tenants.
Such an application can be made whether or not your

landlord gave you consent to add the fixture or to make
the change.
Installing the National Broadband

Network
As with other types of alterations, if you would like to
access the NBN you must first seek the landlords written
consent. You may have to pay any costs associated with
the installation of this service, but you can negotiate with
your landlord and they might agree to pay for some or all
of the costs.
www.fairtrading.nsw.gov.au
Fair Trading enquiries 13 32 20
TTY 1300 723 404
Language assistance 13 14 50
This fact sheet must not be relied on as

legal advice. For more information about
this topic, refer to the appropriate
legislation.
State of New South Wales through NSW Fair Trading

You may freely copy, distribute, display or download this information with some important
restrictions. See NSW Fair Trading's copyright policy at www.fairtrading.nsw.gov.au or email
publications@services.nsw.gov.au

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February 2014

Asking to make an alteration

long as you notify your landlord or your agent of any

You must first seek the landlords written consent before

You must then either pay for the cost of repairs, or

If you do not remove a fixture you have added by the

When can a landlord refuse my

Before you make any changes, you should agree with

The law gives some guidance as to the types of reasons

These include work which:

Generally, an added fixture or change made by you is at

involves structural changes (e.g. knocking out a wall)

Removal at the end of the tenancy

This is not an exhaustive list. There may be other

If internal wiring is required then you may need to

Examples of the types of changes that may be

Visit the NBN Co website for more information about

installing window safety devices for small children

Painting the premises

Remedies for unsatisfactory work

Such an application can be made whether or not your

Installing the National Broadband

This fact sheet must not be relied on as

State of New South Wales through NSW Fair Trading

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