When renting a property in Brisbane, tenants have the right to enjoy their home and make certain changes to improve their quality of life. However, these changes must be made with the landlord’s permission, particularly when it comes to fixtures and inclusions. Understanding what qualifies as a fixture and how to obtain permission for changes is crucial for both tenants and landlords.
What Are Fixtures and Inclusions in Rental Properties?
In the context of rental properties, fixtures and inclusions are items that are attached to the property. These are things that, if removed, would leave visible marks or damage. Common examples of fixtures and inclusions in rental properties include:
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Curtain rods
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Light fittings
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Picture hooks
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Appliances (e.g., ovens, dishwashers, air conditioners)
A good rule of thumb is that if removing the item leaves a mark or damage on the property, it’s likely considered a fixture or inclusion. These items are often part of the property and are governed by rental laws.
What Are the Laws for Fixtures and Inclusions?
When it comes to making changes to fixtures or adding new items, tenants must always obtain written permission from the landlord or property manager. This written consent ensures that both parties are clear on what can and can’t be altered and protects the tenant from future disputes.
Here are some key points to keep in mind:
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Written Permission: Before making any changes or additions to fixtures, tenants need to seek written permission from their landlord.
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Specific Items: The permission should specify the item to be added or changed, and it should include details on whether the item will remain on the property once the tenant moves out.
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Returning the Property: If the tenant wants to remove the fixture when they leave, this must also be agreed upon in writing.
Failure to get written permission can result in the tenant being in breach of their rental agreement. If the landlord refuses to allow a change and the tenant disagrees with the decision, both parties can refer the matter to the Residential Tenancies Authority (RTA) for dispute resolution.
How to Avoid Disputes Over Fixtures and Inclusions
To prevent any misunderstandings or disputes, both tenants and landlords should work closely with their property manager. Property managers can help facilitate communication between tenants and landlords and ensure that all requests for changes to fixtures or inclusions are handled appropriately.
A property manager can also help both parties understand their rights and obligations, ensuring compliance with rental laws and fostering a positive relationship between tenants and landlords.