Sample Letter - Lockout

[Your name and address]

[Date]

[Landlord’s or agent’s name and address]

Dear …

Re: Lockout at [your address]

You have entered and changed locks on the doors at the above premise to stop me from re-entering my premises.

I would ask that you immediately provide me with new keys so that I can re-enter the premises.

I have sought advice from the [name of service] Tenants’ Advice and Advocacy Service. It is an offence under section 72 (1) of the Residential Tenancies Act 1987 to recover possession of residential premises unless you have an order of a court or the Consumer, Trader and Tenancy Tribunal.

Locking out a tenant is illegal, and landlords, as well as any person assisting them, who do so face a penalty of up to $22,000 each personally. Under section 16(2)(d)(iii) of the Residential Tenancies Act 1987 the Consumer, Trader and Tenancy Tribunal may also order the landlord to pay compensation to a dispossessed tenant.

Unless I am notified on [phone number] that the keys will be available by 5 pm today I will be applying to the Consumer, Trader and Tenancy Tribunal for an urgent hearing and orders that a copy of the key or any other opening device be given to me to enable access to the premises.

I will also consider lodging a complaint with the Office of Fair Trading asking that they investigate and prosecute in relation to the alleged breach of the Act.

I put you on notice that if any of my possessions have been interfered with or damaged, I will be applying to the Consumer, Trader and Tenancy Tribunal for compensation.

I trust that this matter can be resolved without my having to initiate legal action.

Yours sincerely

T Tenant