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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 208
Agreement about fixtures and structural changes
208 Agreement about fixtures and structural changes
(1) The lessor’s agreement to the attaching of a fixture, or making of a
structural change, must— (a) be in writing; and
(b) describe the nature of
the fixture or change; and
(c) include any terms of the agreement.
(2) For
an agreement about attaching a fixture to premises, the terms may include
terms about— (a) whether the tenant may remove the fixture; and
(b) if
removal by the tenant is allowed— (i) when and how the removal may be
performed; and
(ii) the obligation of the tenant to repair any damage caused
to the premises in the removal or compensate the lessor for the lessor’s
reasonable costs of repairing the damage; and
(c) if removal by the tenant is
not allowed—the obligation of the lessor to compensate the tenant for any
improvement the fixture makes to the premises.
(3) The lessor must not act
unreasonably in failing to agree to the attaching of a fixture, or the making
of a structural change, to the premises.
(4) If the lessor agrees to a
fixture being attached, or a structural change being made, to the premises by
the tenant, the tenant must not contravene a term of the agreement.
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