Painting a Rental Property: Rules for Tenants in New Zealand
Tenants in New Zealand often wish to personalise their rental homes, and painting walls is a common way to do so. However, specific rules and obligations under the Residential Tenancies Act 1986 govern a tenant's ability to paint a rental property.
Requirement for Landlord's Consent
Tenants generally cannot paint a rental property without first obtaining the landlord's consent. Painting is considered a type of modification – a change, alteration, or addition to the rental premises. The law specifically addresses modifications by tenants, categorising them as either minor modifications or other types of modifications [Source: Residential Tenancies Act 1986, s 42B(2)].
Painting as a Minor Modification
Under New Zealand law, a tenant has the right to make a minor modification to the premises with the landlord's written consent, which the landlord must not unreasonably withhold [Source: Residential Tenancies Act 1986, s 42B(1)].
A minor modification is defined as a fixture, renovation, alteration, or addition that:
- poses a low risk of harm to any person;
- poses a low risk of damage to the premises;
- can be easily reversed; and
- does not compromise the structural integrity, weathertightness, or utility of the premises, and does not breach any other Act [Source: Residential Tenancies Act 1986, s 42B(2)].
Painting could be considered a minor modification if it meets these criteria. For example, painting a wall a different colour might be easily reversible if the tenant is prepared to paint it back to the original colour at the end of the tenancy. However, if the proposed paint colour is significantly different or the work is of poor quality, it might be more difficult to reverse and could cause damage.
Landlord's Conditions for Consent
If a landlord gives consent for a tenant to paint, they may impose reasonable conditions on that consent [Source: Residential Tenancies Act 1986, s 42B(3)]. Common conditions include:
- Specifying the type or colour of paint to be used.
- Requiring that the painting be done by a professional or to a professional standard.
- Requiring the tenant to restore the premises to their original condition (e.g., paint it back to the original colour) at the end of the
tenancy agreement– the legally binding contract between a landlord and a tenant [Source: Residential Tenancies Act 1986, s 2, s 42B(5)].
If the landlord requires the modification to be reversed, the tenant must do so at their own cost [Source: Residential Tenancies Act 1986, s 42B(5)].
Tenant's Obligations Regarding Damage and Maintenance
Regardless of any modifications, a tenant has general responsibilities under their tenancy agreement and the Residential Tenancies Act 1986:
- No Damage: A tenant must not intentionally or carelessly damage the premises [Source: Residential Tenancies Act 1986, s 40(1)(c)]. Poor quality painting, such as paint drips on carpets, windows, or fixtures, or uneven application that requires significant remedial work, could be considered careless damage.
- Reasonably Clean and Tidy: A tenant must keep the premises reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 40(1)(d)]. This obligation extends to the state of the paintwork.
- Leaving Premises Clean: At the end of the tenancy, a tenant must leave the premises reasonably clean and tidy and remove all their rubbish and belongings [Source: Residential Tenancies Act 1986, s 40(1)(f)]. If paintwork done by the tenant is not up to standard or needs to be reversed as per a condition of consent, the tenant is responsible for ensuring this is done.
Consequences of Unauthorised Painting or Poor Workmanship
If a tenant paints without the required consent, or if the work is done poorly and causes damage, they may be liable for the cost of rectifying the issue. This could involve professional repainting, cleaning, or other repairs [Source: Residential Tenancies Act 1986, s 49A]. Disputes regarding damage or breaches of tenancy obligations can be brought before the Tenancy Tribunal – an independent body established to resolve disputes between landlords and tenants [Source: Residential Tenancies Act 1986, s 77]. The Tribunal will consider whether the tenant acted carelessly or intentionally, and whether the work constitutes damage beyond fair wear and tear.
When to Seek Independent Legal Advice
Individuals seeking clarity on their specific rights and obligations regarding painting or other modifications to a rental property, or those involved in a dispute with a landlord or tenant, should consult with qualified legal professionals. Advice can also be sought from Tenancy Services, Community Law Centres, or other legal aid organisations.