Can Tenants Refuse Renovations During a Lease in NSW ?

Can a Landlord Renovate During a Lease in NSW?

Yes but only under specific legal conditions.

A landlord cannot simply begin renovations during a fixed-term lease without complying with legal requirements such as:

• Providing proper written notice
• Ensuring reasonable access
• Avoiding interference with quiet enjoyment
• Obtaining consent for major works (where required)

If renovations significantly disrupt a tenant’s comfort or use of the property, the tenant may have grounds to refuse or challenge the works.

Major vs Minor Renovations: What’s the Difference?

Understanding the type of renovation is important.

Minor Renovations

These generally include:

• Painting
• Replacing fixtures
• Small repairs or upgrades
• Installing new appliances

If proper notice is given, tenants usually cannot unreasonably refuse access for minor works.

Major Renovations

These may include:

• Structural changes
• Kitchen or bathroom remodels
• Flooring replacement throughout the property
• Electrical or plumbing upgrades
• Extensions or demolitions

Major renovations that cause significant disruption may require:

• Tenant consent
• Temporary relocation arrangements
• Or waiting until the lease ends

In many cases, tenants can challenge major renovations during a fixed-term lease.

Tenant Rights in NSW During Renovations

Under NSW tenancy law, tenants are entitled to:

1️⃣ Quiet Enjoyment

Landlords must not interfere with the tenant’s reasonable peace, comfort, or privacy.

2️⃣ Proper Written Notice

Entry requires written notice specifying:

• Date and time
• Reason for entry
• Reasonable timing

3️⃣ Refusal in Certain Situations

Tenants may refuse renovations if:

• Notice requirements are not met
• The works are excessive
• Living conditions are severely disrupted
• The lease agreement is breached

Disputes can be taken to the NSW Civil and Administrative Tribunal (NCAT).

Can Tenants Refuse Renovations During a Fixed-Term Lease?

During a fixed-term lease in NSW:

• A landlord generally cannot force major renovations
• The lease terms must be honoured
• The tenant’s consent may be required for significant works

If the landlord wants vacant possession to renovate, they usually must wait until the lease expires unless both parties agree to end the lease early.

Notice Requirements for Renovations in NSW

Landlords must:

• Provide written notice
• Specify the reason for entry
• Enter at a reasonable time
• Limit disruption

Failure to comply may allow tenants to:

• Deny entry
• Apply to NSW Civil and Administrative Tribunal (NCAT)
• Seek compensation if damage or inconvenience occurs

Can a Landlord Break a Lease for Renovations in NSW?

During a fixed-term lease:

• Landlords generally cannot force major renovations
• Lease terms must be honoured
• Tenant consent is often required for significant works

If a landlord wants vacant possession for renovation purposes, they typically must wait until the lease expires unless both parties agree otherwise.

Notice Requirements for Renovations in NSW

Landlords must:

• Provide written notice
• Specify purpose of entry
• Enter at a reasonable time
• Minimise disruption

Failure to comply may allow tenants to:

• Deny entry
• Apply to NCAT
• Seek compensation

What If Renovations Make the Property Unlivable?

If renovation works make the property uninhabitable:

• Tenants may apply for a rent reduction
• Compensation may be claimed
• The lease may potentially be terminated
• NCAT can assess and issue orders

Each case is assessed based on severity, duration, and impact.

Can a Tenant Refuse Access for Renovations?

Yes but only in reasonable situations.

Tenants cannot simply refuse entry without valid reasons. However, they can refuse if:

• Notice requirements are not followed
• Entry is too frequent
• Renovations are excessive
• The works violate quiet enjoyment rights

Communication is always the best first step.

Practical Advice for Landlords and Tenants in NSW

For Landlords:

• Plan major renovations between tenancies
• Provide clear written notice
• Respect tenant privacy
• Consider offering compensation if disruption is significant

For Tenants:

• Review your lease agreement.
• Document communication.
• Seek advice if unsure about your rights.
• Ask for details about the scope and duration of works.

When to Apply to NCAT?

If there is a dispute about renovations during a lease in NSW, either party can apply to NCAT for:

• Orders about access
• Compensation claims
• Lease termination
• Rent reduction

The Tribunal will consider fairness, notice, disruption, and legal obligations.

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Conclusion

Yes tenants can refuse renovations during a lease in NSW in certain circumstances, particularly when:

• The renovations are major
• Proper notice is not provided
• The work disrupts quiet enjoyment
• It breaches the fixed-term agreement

However, minor repairs and reasonable maintenance cannot usually be refused if proper notice is given.

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