55AMinor modifications permitted for safety or security purposes

55A Minor modifications permitted for safety or security purposes (1) It is a term of a tenancy agreement that a tenant may make a safety or security modification to the premises. (2) Subject to subsection (5), before making a safety or security modification to the premises, the tenant must obtain the landlord's consent to the modification. (3) A landlord who receives a request for consent under subsection (2) must: (a) consider the request without delay; and (b) grant or refuse the request within 10 business days of receiving the request. (4) Consent sought under subsection (2): (a) must not be unreasonably refused; and

Residential Tenancies Act 1999 37 (b) if not granted or refused within the time specified in subsection (3) is taken to have been granted immediately after the expiry of that period; and (c) may be granted subject to reasonable conditions. Example for subsection (4)(c) The landlord consents to a modification that represents an enhancement to the premises and agrees to pay or partially pay for the modification on the condition that the modification is left in place at the end of the tenancy. (5) A tenant may make a safety or security modification without obtaining the landlord's consent if the safety or security modification is required urgently due to an immediate safety or security issue. (6) If the tenant makes a safety or security modification without obtaining the landlord's consent in accordance with subsection (5), the tenant must notify the landlord of the safety or security modification within 2 business days of the modification being commenced. (7) The Tribunal may, on the application of the tenant, declare that: (a) the landlord's refusal to grant the tenant consent for the safety or security modification under subsection (3)(b) was unreasonable; or (b) a condition imposed under subsection (4)(c) is unreasonable. (8) If the Tribunal declares the landlord's refusal to grant consent is unreasonable under subsection (7)(a), the Tribunal may, by order, authorise the tenant to carry out the safety or security modification to the premises in accordance with any conditions the Tribunal considers appropriate. (9) If the Tribunal declares a condition imposed under subsection (7)(b) unreasonable, the Tribunal may, by order: (a) vary or revoke the condition; and (b) impose any new condition for carrying out the safety or security modifications to the premises that the Tribunal considers appropriate.

Residential Tenancies Act 1999 38 (10) A tenant who carries out a safety or security modification to the premises must restore the premises to its original condition before giving up possession of the premises, unless the landlord consents to the premises not being restored. Example for subsection (10) If the tenant changed the window dressings, the tenant must remove tenant's window dressings and reinstall the original window dressings provided by the (11) In this section: safety or security modification means any of the following: (a) installation of a security camera or alarm system; (b) securing an item of furniture to a wall; (c) replacing window dressings; (d) any similar modification, other than a matter to which section 52 applies. Note for section 55A See also the Anti-Discrimination Act 1992 and the Disability Discrimination Act 1992 (Cth).