Fixtures And Inclusions: A Guide For Tenants - By: Eva Judge

Inclusions and fixtures are items that belong at a premise that may make up part of the building or that have been added. When a home is rented to a tenant they have certain guidelines to follow regarding these as well as their usual responsibilities. If you are unsure of what inclusions and fixtures are and what exactly having them entails then this article will shed some light for you. Tenants and lessors alike need to be aware of the laws regarding these to avoid any issues arising. If you take the time to familiarize yourself with them, you will be better for it.

What are fixtures and what are the rules?

Items that come with the building such as carports, window awnings, dishwashers, air conditioners, carpets, pools, pergolas and clotheslines are fixtures. Also, items that can be added after like picture hooks, locks, tv antennae and satellite dishes fall under this category. If disability ramps need installing, or other changes are made to the building, these are also fixtures. Once any fixture is attached in a property it becomes the property of the owner unless there is an agreement made contrary to this. When the fixture becomes the property of the owner, under the Act, the tenant may apply for compensation however is not compulsory for the lessor to agree to. As a tenant, fixtures are only allowed to be attached if the owner has agreed in writing. This written agreement will need to be signed by both parties and outline the exact details of the fixture and who owns the fixture, and who is paying for installation and any damages that may occur. A property management professional can readily assist you in completing the agreement.

If a request to add a fixture is denied the owner must have a good and valid reason for refusal. Such reasons could be that the body corporate may not allow external fixtures or that the premises could be caused damage by installing the fixture. The tenant is expected to respect the decision of the owner regardless of the reason and must not attach fixtures without permission. If the tenant goes ahead and installs fixtures that have not been approved, with or without asking, action can be taken. Doing this will be a breach of tenancy contract and the owner can take appropriate action to have the premises changed back to original state. Alternatively they can choose to leave the fixture in place and claim as their property. This way there has been an improvement on their property without any cost to themselves.

Your property managers can answer any questions you have regarding fixtures in rental properties. When the right steps are taken, there should be little need for intervention.

About the Author

Your property managers Bunbury can answer all your inclusions and fixtures queries. Ray White http://www.propertymanagementbunbury.com.au/ property management Bunbury have the best advice and friendly professionals.

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