There have been amendments as to what constitutes damage and the rules regarding removing modifications under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020

Tenants are responsible for any damage they cause to the property.

At the end of the tenancy, a tenant is responsible for leaving the property in the same condition as at the start of the tenancy, except fair, wear and tear. This includes making sure any alterations, additions or renovations are removed and also fixing any damage caused to the property. A tenant can choose whether to remove any ‘fixtures’ they have installed, provided they repair or compensate the landlord for any damage caused by removing the fixture. A tenant cannot remove any fixtures if the landlord paid for them.

If tenants do not remove the alterations, additions or renovations to a satisfactory standard, or the work is likely to adversely affect the landlord’s ability to let the premises to other tenants, the landlord may apply to the NSW Civil and Administrative Tribunal to seek compensation from the tenant for the costs involved.

If you need assistance with any property or land matters contact Everingham Solomons because Helping You is Our Business.

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