Keys, locks and security devices in a rental property

Landlords should make sure property is reasonably secure

Landlords must provide and maintain locks and other security devices to ensure the property is reasonably secure.

What is reasonably secure will vary in different situations.

If the tenant does not think the property is reasonably secure, they can speak with their landlord or agent and request locks or other security devices to make the property secure.

 If the landlord does not agree, the tenant can: 

• make a complaint to NSW Fair Trading, or
• apply to the Tribunal for an order to change or add a lock to make the property reasonably secure.

At the start of the tenancy, each tenant named on the tenancy agreement must be given a key, fob or other device needed to access the property and operate any locks or security devices.

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 and 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.

If a tenant requests a lock change, they are generally responsible for the cost unless otherwise agreed. 

If a landlord or tenant changes a lock, they must provide a key to their tenant or landlord as soon as they reasonably can and no later than 7 days unless agreed by the other party or allowed by the Tribunal.

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

Reasonable grounds for changing locks and other devices without consent

A landlord or tenant may alter, remove or add a lock or other security device without consent if:

• in an emergency
• to comply with an order of the NSW Civil and Administrative Tribunal (NCAT)
• where a co-tenant’s tenancy was terminated.

Changing locks to protect against domestic abuse

NSW tenancy laws provide additional protections for tenants experiencing domestic abuse.

A tenant affected by domestic abuse can change a lock or other security device without the landlord's consent where: 

• a co-tenant or occupant is not allowed to access the property under
  • an interim, provisional or final Apprehended Violence Order (AVO) 
  • a domestic violence order 
  • a family violence injunction 
  • bail conditions 
  • parole conditions, or
• the alleged perpetrator is not a co-tenant and the tenant reasonably believes changing the lock is necessary to prevent a domestic violence offence or domestic abuse against
  • themselves 
  • their dependent child, or 
  • another person living at the property.

For more information on what constitutes domestic abuse, please visit Understanding domestic abuse in rental situations.   

Using a qualified person

A tenant must use a locksmith or another appropriately qualified person to change a lock without the landlord’s consent, unless:

• it is an emergency
• the Tribunal orders otherwise, or
• it is not practicable in the tenant’s circumstances.

This is important both for the tenant’s security and to help ensure the property is not damaged.

Providing new keys

A tenant who changes a lock without the landlord’s agreement must provide each co-tenant with a copy of the new key or access device within 48 hours. However, they do not need to provide a key to a person who is prohibited from accessing the property under an Apprehended Violence Order (AVO), domestic violence order, family violence injunction, bail condition or parole condition. A key does not have to be provided within 48 hours if the co-tenants agree to a different arrangement or the Tribunal authorises that a key is not provided.

The tenant must also provide the landlord with a copy of the new key or access device within 7 days, unless the landlord agrees otherwise or the Tribunal authorises that a key is not provided.