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tenancy

Removing fixtures and fittings when moving out

Key Takeaway

When a tenant moves out, they must generally remove all their belongings and leave the property clean. If a tenant has installed items or made alterations, especially "minor changes," they may be required to remove them and repair any resulting damage. Failure to remove items or repair damage can lead to financial liability for the tenant.

Removing Fixtures and Fittings When Moving Out

When a residential tenancy ends in New Zealand, tenants have specific obligations regarding the removal of their belongings and the condition in which they leave the rental property. This includes understanding the rules around items that have been attached to the property, often referred to as 'fixtures' and 'fittings'.

What are Fixtures and Fittings?

In property law, a fixture is an item that has been attached to land or a building in such a way that it is considered part of the real property itself. Conversely, fittings are generally items that are not permanently attached and are considered personal property, which can be removed without causing significant damage. In the context of a residential tenancy, this distinction often relates to items a tenant has installed or altered during their occupancy.

General Obligations at the End of a Tenancy

Tenants have an overarching responsibility to leave the rental premises in a good state at the end of their tenancy. This includes:

  • Keeping the premises reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 40(1)(e)].
  • Removing all rubbish and unwanted goods from the premises [Source: Residential Tenancies Act 1986, s 40(1)(f)].

This means that any personal items, furniture, or other belongings brought into the property by the tenant must be removed when they vacate.

Tenant-Made Alterations and Minor Changes

The Residential Tenancies Act 1986 specifically addresses alterations made by tenants:

Minor Changes

Since 11 February 2021, tenants have the right to request a minor change to the premises. A minor change is defined as a change that does not materially alter the premises and is easily reversible [Source: Residential Tenancies Act 1986, s 42B(5)]. Examples might include installing picture hooks, security cameras, or minor child safety measures. A tenant may make a minor change if they make a written request, and the landlord cannot unreasonably withhold consent to such a change [Source: Residential Tenancies Act 1986, s 42B(1), s 42B(2)].

Removal of Minor Changes

Regarding the removal of these minor changes:

  • A landlord may require the tenant to remove the minor change at the end of the tenancy and restore the premises to substantially the same condition as they were in before the change was made [Source: Residential Tenancies Act 1986, s 42C(1)].
  • If the landlord does not require the removal of the minor change, the tenant still has the option to remove it themselves at the end of the tenancy, also restoring the premises to the original condition [Source: Residential Tenancies Act 1986, s 42C(2)].
  • If the removal of a minor change causes damage to the premises, the tenant is responsible for repairing that damage [Source: Residential Tenancies Act 1986, s 42C(3)].

Other Alterations or Improvements

For any alterations or improvements that are not considered 'minor changes', a tenant generally requires the landlord's written consent. The agreement for such alterations should ideally specify what happens to the item at the end of the tenancy. If it is agreed that the tenant will remove the item, they are responsible for making good any damage caused by its removal. If no agreement is made, such substantial alterations may become part of the property and cannot be removed without the landlord's permission, subject to the general obligations regarding damage.

Damage Caused by Removal

A tenant has an obligation to not intentionally or carelessly damage the premises [Source: Residential Tenancies Act 1986, s 40(1)(b)]. If, during the removal of any item (whether a fixture or fitting), damage is caused to the property, the tenant may be held liable for the cost of repairing that damage [Source: Residential Tenancies Act 1986, s 42(1), s 42C(3)]. This applies even if the tenant had permission to install the item but caused damage during its removal.

Items Left Behind

If a tenant leaves goods behind after vacating the premises, the landlord must follow specific procedures outlined in the Act. This generally involves storing the items and making reasonable efforts to notify the tenant. If the goods are not claimed within a certain period, the landlord may be able to sell or dispose of them [Source: Residential Tenancies Act 1986, s 62]. The costs associated with storing and dealing with left-behind goods may be recoverable from the tenant.

When to Seek Independent Legal Advice

Navigating complex tenancy issues, such as disputes over damage, alterations, or the removal of items, can be challenging. For specific guidance on individual circumstances, property owners or tenants may consider contacting Tenancy Services, which provides information and dispute resolution services, or Community Law Centres for free legal advice across New Zealand. They can assist with understanding specific rights and obligations and provide clarity on legal processes. Landlords may also consider seeking advice from property management professionals or legal practitioners specialising in tenancy law.

Key Resources