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Residential Tenancies Act 1997
63AThe tenant must replace the battery in a smoke alarm installed in
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63A The tenant must replace the battery in a smoke alarm installed in
the premises whenever necessary.
64 The tenant must leave the premises—
(a) in substantially the same state of cleanliness, removing all
the tenant’s belongings and any other goods brought onto
the premises during the duration of the tenancy agreement;
and
(b) in substantially the same condition as the premises were in
at the commencement of the tenancy agreement, fair wear
and tear excepted.
65 The lessor must not require the tenant to make alterations,
improvements or renovations to the premises.
Tenant of unit to comply with owners corporation’s rules
66 (1) If the premises are a unit under the Unit Titles Act 2001—
(a) the tenant must comply with the owners corporation’s rules
and with any notice served in accordance with the rules;
but
(b) need not comply with the rules to the extent that they are
inconsistent with the standard residential tenancy terms in
this agreement.
(2) However, if the owners corporation’s rules include a rule about
keeping animals in the unit, the tenant must comply with the
rule.
Tenant must make no alterations and must not add any fixtures or
fittings without the consent of lessor
67 (1) The tenant must not, without the lessor’s written consent, make
any renovation, alteration or addition to the premises (time limits
for the lessor to refuse consent to special modifications are set
(2) The lessor may give consent subject to a reasonable condition,
including a requirement that the tenant use a suitably qualified
tradesperson to undertake—
(a) the renovation, alteration, or addition; and
(b) any restoration at the end of the tenancy.
(3) Unless otherwise agreed, the tenant is liable for the cost of any
renovation, alteration or addition to the premises.
(4) Unless otherwise agreed, at the end of the tenancy the tenant is
responsible for restoring the premises to substantially the same
condition as the premises were in at the commencement of the
residential tenancy agreement, fair wear and tear excepted.
(5) The lessor and tenant may agree that any renovation, alteration
or addition to the premises remains in place at the end of the
68 (1) The tenant must not add any fixtures or fittings to the premises
without the consent of the lessor.
(2) The lessor’s consent must not be unreasonably withheld.
(3) The tenant must make good any damage to the premises on
removal of any fixtures and fittings.
(4) Any fixtures or fittings not removed by the tenant before the
tenant leaves the premises becomes the property of the lessor.
Tenant must not use the premises for illegal purposes and must
not disturb the neighbours
69 Unless otherwise agreed in writing, the tenant must only use the
premises for residential purposes.
70 The tenant must not:
(a) use the premises, or permit them to be used, for an illegal
purpose; or
Note The tribunal must not make a termination and possession
order for a breach of this term unless satisfied of certain
matters (see Residential Tenancies Act, s 48 (3) and (4)).
(b) cause or permit nuisance; or
(c) interfere, or permit interference, with the quiet enjoyment
of the occupiers of nearby premises.
71 The tenant must not leave the premises vacant for more than
3 weeks without notifying the lessor.
Tenant must not sell, dispose of, or sublet tenancy without consent
of lessor
72 (1) The tenant must not assign or sublet the premises or any part of
them without the written consent of the lessor.
(2) Consent may be given at any time.
(3) No rights in relation to the premises may be created in any third
party before consent is obtained from the lessor.
Co-tenant may leave tenancy agreement
72A (1) A co-tenant may stop being a party to the tenancy agreement—
(a) with the consent of the lessor and each remaining co-tenant
under the agreement; or
(b) by order of the tribunal under the Residential Tenancies
Act, section 35G (1) (a) or (d).
(2) The co-tenant must seek the consent of the lessor and each
remaining co-tenant—
(a) by notice in writing; and
(b) at least 21 days before the day the co-tenant intends to stop
being a party to the tenancy agreement (time limits for the
lessor or each remaining co-tenant to refuse consent are set
(3) If consent is given to the co-tenant to stop being a party to the
(a) the agreement continues between the lessor and the
remaining co-tenants; and
(b) the tenant’s rights and obligations under the agreement
end.
Becoming a new co-tenant to existing tenancy agreement
72B (1) Another person may become a co-tenant under the tenancy
agreement—
(a) with the consent of the lessor and each other co-tenant; or
(b) under the Residential Tenancies Act, section 35D.
(2) An existing tenant must seek the consent of the lessor and any
other co-tenant—
(a) by notice in writing; and
(b) at least 14 days before the day the person wants to become
a co-tenant (time limits for the lessor or each other
co-tenant to refuse consent are set out in the Residential
Tenancies Act).
(3) If the person becomes a co-tenant—
(a) the agreement continues with the person becoming a
co-tenant with the existing co-tenants; and
(b) the existing co-tenants must give the person a copy of the
condition report for the premises not later than the day after
the person becomes a co-tenant.
(4) This clause does not apply to a tenancy agreement in relation to
a social housing dwelling or crisis accommodation.
Tenant may be responsible for damage or other breach of tenancy
agreement by visitors or guests
73 The tenant is personally responsible for the actions or omissions
of visitors, guests or other people on the premises if:
(a) the action or omission would if performed by the tenant
have constituted a breach of this tenancy agreement; and
(b) the person is on the premises with the permission of the
74 The tenant is not personally responsible for the actions or
omissions of a person who is on the premises:
(a) at the request of the lessor; or
(b) to assist the lessor perform any of the duties of the lessor
under this tenancy agreement (whether at the request of the
lessor or the tenant); or
(c) without the consent of the tenant.
Keeping animals on premises
74A (1) The tenant may keep an animal, or allow an animal to be kept,
on the premises.
(2) The residential tenancy agreement may require the tenant to
obtain the lessor’s prior written consent to keep an animal, or
allow an animal to be kept, on the premises (time limits for the
lessor to refuse consent are set out in the Residential Tenancies
Act).