Ordinarily the tenant cannot add to or alter the premises without the owner's consent. However a tenancy agreement may (s. 47) contain a clause which specifies that the tenant:
Where the tenant is allowed to make renovations, alterations or additions they must return the premises to the owner in the same condition they were in at the beginning of the tenancy.
If there is no written agreement or no clause in the written agreement regarding additions or alterations the tenant must notify the owner beforehand and discuss any change s/he wants to make, including any painting, and seek permission, preferably in writing. Otherwise, the owner may claim the tenant is in breach of the Residential Tenancies Act and their tenancy agreement.
It the tenant adds or removes fixtures without the owner's consent this is a breach of the agreement. See the section When the Tenant is in Breach of the Agreement for more information.
To assist the tenant in returning the property to its original condition after altering the premises, s/he may photograph the area affected before any alterations or additions are started and when they are completed. This will provide a record of the actual condition of the property, in case the owner tries to claim later that you did something you did not.
Any fixtures added by the tenant remain the property of the tenant and may be removed by the tenant during the tenancy as long as the removal does not cause irreparable damage (s. 47(2)). The premises must be returned to their original condition at the tenant's expense. Where the tenant causes any damage to the premises by removing any fixture; s/he must notify the owner and, at the option of the owner, repair the damage or pay any cost reasonably incurred by repairing the damage.
The owner cannot make the tenant leave the addition/alteration to the premises unless this was agreed before the alteration, renovation or addition was made. The tenant owns these additions and is entitled to take them when s/he leaves as long as the property is returned to the condition it was in at the beginning of the tenancy.
The owner may offer to pay the tenant for the addition/alteration to be left on the premises. It is wise to get such an agreement in writing before the work is started because it may be very difficult to prove that such an agreement existed at a later date if the owner backs down on the agreement.
Contact Tenants Advice Service for more information.
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