My tenant has asked if they can install a shaded pergola area at the back of the property but they have not given me any details of what it will cost and what it will look like. Do I have to let them do this? Am I responsible for the cost or are the tenants?
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Answer by Rebecca Bardaxis, Parramatta 2150 NSW
- While the tenants can make minor alterations without consent installing a fixture of this nature is something that needs your consent first. A tenant who does this without your consent may be in breach of their tenancy agreement.
- You are under no obligation to approve or pay for a substantial alteration such as this but you cannot unreasonably withhold your consent to minor changes.
- If you obtain more information from the tenant about the changes that are required and believe that the installation of the pergola will be beneficial or increase your property value you may decide to grant your consent and possibly even cover some or all of the costs of installation at your discretion.
- Something to be aware of is that if a tenant pays for a fixture they may be entitled to remove it at the end of their tenancy providing they arrange for any repair or damage caused by this de-installation.
- Although the tenants are unlikely to take a pergola with them at the end of the tenancy a smart way to avoid this happening is by contributing to the costs.
- A tenant is not able to remove a fixture at the end of tenancy without your consent if you have contributed to the costs.