Fixtures

A fixture is something that has become attached to the land or built into the premises in such a way that it is part of the land or building and no longer has a separate identity. Fixtures become part of the land to which they are attached.

To decide whether an object is a fixture or not it is necessary to consider the degree of attachment (for example, whether it is stuck, nailed or screwed to the building or merely rests by its own weight) and the purpose of the attachment (for example, whether or not it was attached so as to bring about a permanent improvement in the land or building).

Under section 70 of the Residential Tenancies Act 1995 (SA) a tenant can remove any fixture that was fixed by them during the tenancy, as long as the removal does not cause irreparable damage. If damage is caused by removing the fixture the tenant must notify the landlord and either repair the damage or compensate the landlord – the choice is the landlord's.

It is a term of a residential tenancy agreement that a landlord cannot unreasonably withhold consent to an alteration or addition to the premises that is necessary to ensure the provision of infrastructure or a prescribed service [s 70 (1a)]. The Residential Tenancies Regulations 2010 (SA) define prescribed services as digital television and carriage services for Internet provision [r 12].

Fixtures  :  Last Revised: Fri Feb 28th 2014
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