LEGISLATION

Making modifications to the property

The gist of the legislation

Tenants can make minor modifications to the property and landlords cannot unreasonably refuse.

The important parts, at a glance

We’ve picked out the key parts of the legislation and made them as easy as possible to read and understand.

If you'd like to read the full legislation, click here >

1.

There are two types of modifications that a tenant can make to the property. Minor modifications and Special modifications.

2.

Minor modifications are defined as things that can be removed, undone or reverted to their original condition at the end of a tenancy. These could be things like putting up a shelf, painting a wall, installing blinds or planting a herb garden. These modifications can be done without landlord approval.

3.

Special modifications are defined as things that improve security or accessibility. These could be things like installing handrails or security cameras.

4.

It’s in the best interest of both the landlord and the tenant to discuss modifications and agree. However, landlords cannot unreasonably refuse the modification if it falls into one these two categories.

5.

On request of modifications a landlord can ask that certain conditions be met like repainting the wall at the end of the tenancy.

6.

Special modifications require written agreement from the landlord on what will remain at the end of the tenancy and can enforce that select or professional trades are used for special modifications.

  1. Work with and negotiate with your tenant on their modification requests. They are likely to be improving the property at their own cost, and the improvements will remain when their tenancy is over. It’s a win-win for everyone.  
  2. Make sure modification requests and negotiations are documented in writing. Include whether or not the modification will remain at the end of the tenancy or has to be rectified.  
  3. Request that photos of the modifications are provided when the modification is complete and keep on record.