A tenant asks in writing to put up a baby gate and screw-in picture hooks. The property manager has not replied after three weeks. What is the position?
Correct Answer
A) The landlord had to reply within 21 days and cannot refuse a minor change.
Section 42A requires a landlord to respond in writing within 21 days to a written request for consent to a fixture, alteration or addition, saying whether it is a minor change. Section 42B says it is unreasonable, and an unlawful act, to refuse a minor change: one with low risk of damage that can easily be undone and needs no consent. The tenant must usually reverse it at the end.
Why This Is the Correct Answer
Sections 42A(3) and 42B require a 21-day written reply and prohibit refusing minor changes.
Why the Other Options Are Wrong
Option B: There is no deadline, and the landlord may refuse any alteration for any reason.
Section 42A(3) sets a 21-day reply and s 42B bars refusing minor changes.
Option C: The landlord had 14 days, after which consent is automatically deemed given.
The period is 21 days and there is no deemed-consent rule; failure is an unlawful act.
Option D: The landlord must agree only if the tenant pays an extra bond for the changes.
No extra bond is allowed; the general bond is capped by s 18 and minor changes cannot be refused.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Minor changes: 21 days to reply, and the answer must be yes.
Common Mistakes to Avoid on Property Management Questions
- •Treating every alteration request as entirely at the landlord's discretion.
More Property Management Questions
How long does a landlord have to lodge a bond with Tenancy Services after receiving it from a tenant?
Which of the following is a mandatory requirement for all rental properties under the Healthy Homes standards?
A periodic tenancy began 8 months ago and the rent has never been raised. If the landlord gives written notice today, when is the earliest a rent increase can take effect?
A property manager discovers a tenant has been subletting rooms without permission for 6 months, generating significant income. The head tenant is otherwise compliant and rent is current. What factors would most influence the Tenancy Tribunal's decision on termination?
Under the Residential Tenancies Act 1986, what is the most a landlord can charge as a general bond (not counting any separate pet bond)?
- → Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- → How much notice must a landlord give a tenant before conducting a routine property inspection?
- → A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- → A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- → How often may a landlord carry out routine inspections during a tenancy?
- → A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- → During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- → By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- → A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
- → During a property inspection, a landlord notices the tenant has changed the locks. Under what circumstances is this legally permitted?
People Also Study
Property Law & Legislation
56 questions
Agency Practice
89 questions
Sale & Purchase Process
63 questions
Professional Conduct & Ethics
46 questions
Related Study Resources
Previous Question
A rental is advertised at $720 a week (an invented figure). At the viewing, the property manager tells applicants that 'offers above the advertised rent will be looked at favourably'. What is the legal position?
Next Question
A tenant carelessly leaves a pot on the stove and causes $9,000 of fire damage. Rent is an invented $550 a week and the insurance excess is $5,000. Nothing unlawful or intentional happened. What is the most the tenant must pay?