Can I make changes to a rental property without permission in NSW?
No, you cannot legally make changes to a rental property without your landlord's written permission in New South Wales. You must always seek consent before starting any work. However, by law, your landlord cannot unreasonably refuse your request to make certain minor alterations, such as installing picture hooks or securing furniture.
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How it works in practice
The General Rule
In New South Wales, the law is clear: you cannot alter, add to, or renovate a rental property without first obtaining your landlord's written consent. This applies to everything from painting walls to installing new fixtures or removing existing ones.
If you make changes without permission, you are breaching your tenancy agreement. Your landlord can legally order you to reverse the changes at your own expense, or they can deduct the cost of restoring the property from your bond when you move out.
Minor Alterations
While you must always ask for permission, the law provides protections for tenants wanting to make small changes. For minor alterations, a landlord cannot unreasonably refuse your written request.
These minor changes typically include installing window safety devices, securing heavy furniture to walls to protect children, or putting up picture hooks. Even in these cases, you still need to ask and receive the green light in writing before picking up any tools.
Restoring the Property
It is important to remember that even if you receive permission to make changes, you are generally responsible for the property's condition at the end of the tenancy. Unless you and your landlord agree otherwise in writing, you will be expected to leave the property in its original state, which means removing any additions and fixing any damage caused by the installation process.
Important exceptions
There are specific circumstances where a landlord can legally refuse consent for even minor alterations.
They can say no if the property is listed on the heritage register and the changes would affect its historic character or aesthetic.
Landlords can also refuse if the alterations require structural changes to the property, or if the modifications would directly violate strata by-laws or local council regulations.
Additionally, if the minor alteration would cost the landlord extra money to maintain or remove, they are legally permitted to reject your written request.
What you should do now
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Identify the exact changes or minor alterations you wish to make to the rental property.
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Write a formal request to your landlord or real estate agent detailing the proposed changes and who will perform the work.
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Wait for explicit written approval from your landlord before purchasing materials or starting any modifications.
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Keep a safe copy of the written consent and any specific agreements regarding whether the changes can remain permanently.
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Restore the property to its original condition when moving out, unless your landlord has agreed in writing that the alterations can stay.
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