As a tenant you have rights under the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006. This factsheet explains the law in NSW 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 (CTTT).

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

'Reasonable' locks and security

The Residential Tenancies Act 1987 does not define 'reasonable' security – the CTTT decides this on a case-by-case basis.

What is considered as 'reasonable' security will depend on the nature and location of the premises. The CTTT 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 CTTT.

Apply within 30 days of informing the landlord of the security problem. (If 30 days have passed, ask for an extension in your application.)

You can apply for the following orders from the CTTT:

• 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 otherwise secured your valuables)
• 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 for an order to upgrade locks and security, consider bringing the following evidence with you:

• information from an insurance company or NSW Bureau of Crime Statistics and Research (www.bocsar.nsw.gov.au) 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 and letters requesting security improvements
• photographs of broken locks or windows and evidence of previous break-ins.

Who pays for the keys?

Each tenant listed on the residential tenancy agreement is 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 CTTT for an order that they do.

The landlord/agent 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 2009

Further help

• Your local Tenants Advice and Advocacy Service: www.tenants.org.au/publish/contact-us
• Other factsheets: www.tenants.org.au/publish/factsheets
• NSW Fair Trading Information Centre: 133 220

The information in this factsheet:
• is intended as guide to the law and should not be used as a substitute for legal advice
• applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia.
© Tenants' Union of NSW.