Queensland Subordinate Legislation as Made

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION AND OTHER LEGISLATION AMENDMENT REGULATION 2025 - REG 7

7 Replacement of sch 1, pt 2, cl 27 (Fixtures or structural changes—ss 207–209)

Schedule 1 , part 2 , clause 27—
omit, insert—

27 Fixtures or structural changes—ss 207–209

(1) The tenant may attach a fixture, or make a structural change, to the premises only if—

(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 approves the request; and

(c) for body corporate premises—the body corporate approves the request.

Note—

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.

(2) The lessor must—

(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

(b) advise the tenant of the lessor’s decision; and

(c) if the lessor approves the request and the premises are body corporate premises—

(i) state that the lessor’s approval is subject to the approval of 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.

(3) If the lessor approves the request, the lessor must give the tenant an agreement that—

(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

• that the tenant 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

(4) The tenant must comply with any conditions given by the lessor or body corporate.

(5) In this clause—

"body corporate premises" means premises—

(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.

27A Action by lessor for breach of agreement about fixture or structural change—s 209A

(1) This clause applies if—

(a) the tenant attaches a fixture, or makes a structural change, to the premises; and

(b) the lessor’s approval is required under section 208 to attach the fixture or make the structural change; and

(c) the tenant does not attach the fixture, or make the structural change, in accordance with the lessor’s agreement.

(2) The lessor may—

(a) take action for a breach of a term of this agreement; or

(b) waive the breach (that is, not take action for the breach) and treat the fixture or structural change as an improvement to the premises for the lessor’s benefit (that is, treat the fixture or structural change as belonging to the lessor, without having to compensate the tenant for it).

(3) In this clause—

"lessor’s agreement" means the agreement given to the tenant by the lessor under section 208 about attaching the fixture, or making the structural change, to the premises.