A tenant in Queensland wants to build a raised garden bed fixed into the ground in the backyard of their rental property. Under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), what must they do?
Correct Answer
B) Ask the landlord and wait for written agreement before building it
A garden bed fixed into the ground is a fixture or structural change. Under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), the tenant asks the lessor in the approved form, and the lessor must decide within 28 days, must not refuse unreasonably, and may set conditions such as removal at the end of the tenancy. The tenant builds it only in line with the lessor's written agreement, or a tribunal order if the request is refused.
Why This Is the Correct Answer
The Act requires a tenant to get the lessor's written agreement before attaching a fixture or making a structural change. The lessor cannot refuse unreasonably and must decide within 28 days, but the tenant must still ask and wait.
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