Keys, locks and security devices in a rental property

Landlords should make sure property is reasonably secure

• Landlords must provide and maintain locks or security devices to make sure that the property is reasonably secure.
• What is reasonably secure will vary in different situations.
• Each tenant on the tenancy agreement should receive a copy of the key, fob or device to open any lock or security device on the property.
• At the end of a tenancy, the tenant must return all keys and other security devices as provided at the start of the tenancy.

Adding or changing locks or other security devices

A landlord or tenant can change or add locks or other security devices during the tenancy:

• with the consent of the other party, or
• if there are reasonable grounds to do so.

Tenants should communicate their intention to change the locks to their landlord or agent where possible.

The tenant will need to pay for the cost of the new locks, if the change is at the tenant's request.

Changing locks or security devices otherwise is an offence and a breach of the tenancy agreement.

Reasonable grounds for changing locks or other devices without consent

Reasonable grounds for altering, removing or adding a lock or other security device without consent include:

• an emergency
• to comply with an order of the NSW Civil and Administrative Tribunal (NCAT)
• where a co-tenant’s tenancy was terminated
• where a tenant or occupant was prohibited from accessing the property by an interim, provisional or final Apprehended Violence Order (AVO). See domestic violence in a rented property for more information.

A copy of the new key or other security device must be given to the other party within 7 days, unless otherwise agreed by the parties or ordered to by the Tribunal. However, a copy is not required to be given to a person prohibited from the premises under an AVO.

If the tenant doesn't think the property is reasonably secure, they can:

• make a complaint to NSW Fair Trading, or
• apply to the Tribunal for an order authorising them to add or change a lock at the property, if the landlord did not do so, or
• apply for an order requiring the landlord to provide locks to make the property reasonably secure.