South Australian Current Acts

RESIDENTIAL TENANCIES ACT 1995 - SECT 70

70—Alteration of premises

        (1)         It is a term of a residential tenancy agreement that a tenant must not, without the landlord's written consent, make an alteration or addition to the premises.

        (1a)         It is a term of a residential tenancy agreement that a landlord will not unreasonably withhold his or her consent to an alteration or addition to the premises—

            (a)         that is necessary to ensure the provision of infrastructure or a service of a prescribed kind; or

            (b)         that is a minor alteration or addition; or

            (c)         if the tenant has a disability within the meaning of the Equal Opportunity Act 1984 —that is reasonable and necessary for the tenant and would not significantly change, or affect the structure of, the premises; or

            (d)         if the tenant has mobility or access needs relating to their age—that is reasonable and necessary for the tenant and would not significantly change, or affect the structure of, the premises.

        (1ab)         Without limiting a landlord's right to refuse consent to an alteration or addition, the landlord may refuse consent if—

            (a)         a valid notice of termination has been given to the tenant in connection with an imminent change of possession, use or ownership of the premises; or

            (b)         the alteration or addition—

                  (i)         would significantly change the premises; or

                  (ii)         would require modifications to other premises or a part of the premises that the tenant uses in common with the landlord or another tenant of the landlord; or

                  (iii)         would result in noncompliance with any other Act or law; or

            (c)         any action required to restore the premises to the condition the premises were in immediately before the alteration or addition is not reasonably practicable in the circumstances.

        (1b)         Subsection (1) does not apply in relation to an alteration or addition required under a housing improvement order or a housing demolition order that the tenant has been authorised to carry out under section 19 of the Housing Improvement Act 2016 by the Minister responsible for the administration of that Act.

        (2)         A tenant may remove a fixture affixed to the premises by the tenant unless its removal would cause damage to the premises.

        (2a)         Unless otherwise agreed between the landlord and the tenant—

            (a)         the cost of an alteration or addition to the premises made by the tenant is to be borne by the tenant; and

            (b)         at the end of the tenancy, the tenant must return the premises to its former state as if the alteration or addition had not been made.

        (2b)         Subsection (2a) applies regardless of whether the alteration or addition was made pursuant to a consent of the landlord or otherwise.

        (3)         If a tenant causes damage to the premises by making an alteration or addition to the premises or by removing a fixture, the tenant must notify the landlord and, at the option of the landlord, repair the damage or compensate the landlord for the reasonable cost of repairing the damage.