As a tenant you have rights under the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006. This factsheet explains the law in New South Wales about 'reasonable security'.

Your rights

The landlord must provide and maintain locks or other security devices so the premises are 'reasonably' secure.

Neither you nor the landlord/agent can change, remove or add any locks or security devices without the permission of the other except:

• in an emergency
• with a reasonable excuse
• with an order from the Consumer, Trader and Tenancy Tribunal.

If any locks are changed you must get a copy of the keys.

'Reasonable' locks and security

The Residential Tenancies Act (see Factsheet 01) does not define 'reasonable' security – the Consumer, Trader and Tenancy Tribunal decides what this is on a case-by-case basis.

What is considered as 'reasonable' security will depend on the nature and location of the premises. The tribunal takes into account issues such as the security risks of the area, the security measures taken in other premises in the area, and evidence of previous break-ins of your premises.

In the Sydney metropolitan area this could mean at least double-cylinder deadlocks on the principal doors and a secure form of window fastening. In some inner-city areas with high rates of break-ins, bars on lower-ground windows could be seen as 'reasonable'. In rural areas however, 'reasonable' security is unlikely to mean bars on windows.

The landlord is not obliged to guard against an intruder who breaks in despite the security measures in place.

Insurance companies may ask for further security arrangements before they will insure your belongings. This may be more than the tribunal would say is 'reasonable', but it can be a useful way of finding out what locks and security devices may be needed.

Ask the landlord to install or fix door locks, window locks and other security measures before you sign the residential tenancy agreement. Note the landlord's promises on the condition report.

Inadequate locks and security

If you believe your locks and security are not good enough:

• contact an insurance company and check what sort of locks and security they require before they will insure your home's contents
• write to your landlord and ask that the security be improved with the necessary locks.

Consumer, Trader and Tenancy Tribunal

If the landlord refuses or does nothing when you ask for locks and security to be improved, you can apply to the Consumer, Trader and Tenancy Tribunal.

You should apply within 30 days of informing the landlord that there is a problem with the security. You can ask for an extension of time to make an application, and give reasons, including that you were unaware of your right to apply to the tribunal. (There is no guarantee that the tribunal will grant an extension however.)

You can apply for the following orders from the tribunal:

• to allow a lock or security device to be changed, removed or added
• to allow you to refuse to give the landlord a copy of a key or any other opening device
• to make the landlord give you a copy of a key or any other opening device
• for the landlord to provide reasonable security
• for compensation if you have been robbed as a result of poor security, or for a rent reduction while the security is inadequate.

To get compensation for stolen goods, you will need to prove that:

• you told the landlord of the problem or that the landlord otherwise knew of the problem
• you took steps to minimise possible losses (e.g. you boarded up broken windows and secured your valuables otherwise)
• the security is not 'reasonable' in the circumstances

You will also need to provide a list of the stolen goods and their value.

If applying to the tribunal for an order to upgrade locks and security, consider bringing the following evidence with you:

• information from an insurance company or NSW Police about the risk of break-ins in your area
• a copy of a household contents insurance policy for your premises and/or a policy from someone else in your street
• a list of the steps you have taken asking the landlord to improve security
• evidence such as a photograph of a broken lock or window, evidence of previous break-ins, letters to the landlord requesting security improvements, and other relevant documents.

Who pays for the keys?

All tenants listed on the residential tenancy agreement are entitled to a set of keys free of charge. This includes keys to all doors, window locks, the garage and letterbox and any other security or remote-control devices. If the landlord refuses to provide keys, you can apply to the Consumer, Trader and Tenancy Tribunal for an order that they provide them.

The landlord/agent is cannot request a deposit for any keys, security tags or remote-control devices that the tenants on the agreement are entitied to.

You pay the cost of replacing keys if you lose them.

Updated: June 2008

Further help

Tenants NSW website: www.tenants.org.au
Tenants Hotline: 02 8117 3750 or 1800 251 101
Tenants Advice and Advocacy Services: see the Tenants NSW website or call the Tenants Hotline to find your local general or Aboriginal service Renting Services (NSW Office of Fair Trading): 133 220

Other factsheets

This is one of a series of factsheets on tenancy issues. Other factsheets are available from www.tenants.org.au/publish/factsheets/ or your local Tenants Advice and Advocacy Service.