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Property ManagementResidential Tenancy LegislationQLDMEDIUM

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.

Answer Options
A
Go ahead without asking, since the landlord can object only to major works
B
Ask the landlord and wait for written agreement before building it
C
Build it and then tell the property manager, who notes it on the condition report
D
Apply to QCAT for approval before asking the landlord for permission

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Related Topics & Key Terms

Key Terms:

written consentRTRA Act 2008property modificationstenant obligationslandlord approval
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