sch.4-sec.23Fixtures or structural changes— ss 207 – 209

### sch.4-sec.23 Fixtures or structural changes— ss 207 – 209 The tenant may attach a fixture, or make a structural change, to the premises only if— the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and the lessor agrees to the request; and for body corporate premises—the body corporate agrees to the request; and the fixture is attached, or structural change is made, in accordance with the lessor’s agreement. Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall. The lessor must— decide the request— within 28 days after receiving the request; or if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and advise the tenant of the lessor’s decision; and if the lessor agrees to the request and the premises are body corporate premises— state that the lessor’s agreement is subject to agreement by the body corporate; and give the request to the body corporate within 28 days after receiving the request; and advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request. If the lessor agrees to the request, the lessor must give the tenant an agreement that— is in writing; and describes the nature of the fixture or structural change; and states any conditions of the agreement, including any conditions given by the body corporate. that the tenant must maintain the fixture in a particular way that the tenant must remove the fixture and must repair damage caused by removing the fixture that the lessor must compensate the tenant for the fixture if the tenant can not remove it The tenant must comply with any conditions of the agreement given by the lessor or body corporate. However, if the tenant attached a fixture and the former lessor waived the breach under a former agreement, the fixture is taken to belong to the tenant. In this clause— body corporate premises means premises— that are part of a body corporate scheme; and for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises (sch.4-sec.23-ssec.1) The tenant may attach a fixture, or make a structural change, to the premises only if— the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and the lessor agrees to the request; and for body corporate premises—the body corporate agrees to the request; and the fixture is attached, or structural change is made, in accordance with the lessor’s agreement. Fixtures are generally items permanently attached to land or to a building that are intended to become part of the land or building. Attaching a fixture may include, for example, gluing, nailing or screwing the fixture to a wall. (sch.4-sec.23-ssec.2) The lessor must— decide the request— within 28 days after receiving the request; or if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and advise the tenant of the lessor’s decision; and if the lessor agrees to the request and the premises are body corporate premises— state that the lessor’s agreement is subject to agreement by the body corporate; and give the request to the body corporate within 28 days after receiving the request; and advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request. (sch.4-sec.23-ssec.3) If the lessor agrees to the request, the lessor must give the tenant an agreement that— is in writing; and describes the nature of the fixture or structural change; and states any conditions of the agreement, including any conditions given by the body corporate. that the tenant must maintain the fixture in a particular way that the tenant must remove the fixture and must repair damage caused by removing the fixture that the lessor must compensate the tenant for the fixture if the tenant can not remove it (sch.4-sec.23-ssec.4) The tenant must comply with any conditions of the agreement given by the lessor or body corporate. (sch.4-sec.23-ssec.5) However, if the tenant attached a fixture and the former lessor waived the breach under a former agreement, the fixture is taken to belong to the tenant. (sch.4-sec.23-ssec.6) In this clause— body corporate premises means premises— that are part of a body corporate scheme; and for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises - (a) the tenant gives the lessor a request, in the approved form, for approval to attach the fixture or make the structural change; and - (b) the lessor agrees to the request; and - (c) for body corporate premises—the body corporate agrees to the request; and - (d) the fixture is attached, or structural change is made, in accordance with the lessor’s agreement. - (a) decide the request— (i) within 28 days after receiving the request; or (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and - (i) within 28 days after receiving the request; or - (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and - (b) advise the tenant of the lessor’s decision; and - (c) if the lessor agrees to the request and the premises are body corporate premises— (i) state that the lessor’s agreement is subject to agreement by the body corporate; and (ii) give the request to the body corporate within 28 days after receiving the request; and (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request. - (i) state that the lessor’s agreement is subject to agreement by the body corporate; and - (ii) give the request to the body corporate within 28 days after receiving the request; and - (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request. - (i) within 28 days after receiving the request; or - (ii) if the premises are not body corporate premises—within a longer period, if agreed to by the tenant and lessor; and - (i) state that the lessor’s agreement is subject to agreement by the body corporate; and - (ii) give the request to the body corporate within 28 days after receiving the request; and - (iii) advise the tenant as soon as reasonably practicable of the body corporate’s decision about the request. - (a) is in writing; and - (b) describes the nature of the fixture or structural change; and - (c) states any conditions of the agreement, including any conditions given by the body corporate. Examples of conditions— • that the tenant must maintain the fixture in a particular way • that the tenant must remove the fixture and must repair damage caused by removing the fixture • that the lessor must compensate the tenant for the fixture if the tenant can not remove it - • that the tenant must maintain the fixture in a particular way - • that the tenant must remove the fixture and must repair damage caused by removing the fixture - • that the lessor must compensate the tenant for the fixture if the tenant can not remove it - • that the tenant must maintain the fixture in a particular way - • that the tenant must remove the fixture and must repair damage caused by removing the fixture - • that the lessor must compensate the tenant for the fixture if the tenant can not remove it - (a) that are part of a body corporate scheme; and - (b) for which, under a body corporate law or body corporate by-law, the approval of the body corporate is required for the attachment of a fixture, or the making of a structural change, to the premises