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Factsheet 07: Locks and security |
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'.
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:
If any locks are changed you must get a copy of the keys.
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.
If you believe your locks and security are not good enough:
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 get compensation for stolen goods, you will need to prove that:
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:
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
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.