NSW Landlord and Tenant Lock Change Rules Explained

Rental properties make up a large share of the homes around Lidcombe, Auburn and Homebush, and questions about locks in rented homes come up constantly. Can a tenant change the locks? Does a landlord have to rekey between tenants? What about keys held by the agent? This guide sets out the general position in New South Wales in plain language, and explains how we handle lock work on rented properties.

Important: this article is general information, not legal advice. Tenancy law changes, and individual leases and circumstances differ. Before acting, check the current rules with NSW Fair Trading or get advice from a tenancy advocacy service.

The basic principle

Residential tenancies in NSW are governed by the Residential Tenancies Act 2010 and its regulations. In broad terms, the law requires two things of rented homes when it comes to locks:

1. The landlord must provide and maintain locks or other security devices needed to keep the premises reasonably secure.
2. Neither the landlord nor the tenant should change, add or remove a lock without the other's consent, except in specific circumstances set out in the law.

The aim is balance. The tenant has a right to live securely and privately. The landlord has a right to access the property in the ways the law allows, and to have keys to their own property.

What "reasonably secure" means in practice

The law does not list exact lock models. In practice, it is usually taken to mean that external doors and windows can be secured so the home is not easy to enter. A front door with a working lock, back and side doors that close and lock, and windows that can be secured are the sort of things a tenant can reasonably expect.

If a lock is broken or a door cannot be secured, the tenant should tell the landlord or agent in writing. Broken locks on external doors are often treated as urgent repairs, because the property cannot be secured. Check the current definition of urgent repairs with NSW Fair Trading.

Can a tenant change the locks?

Generally, a tenant needs the landlord's consent before changing or adding locks. The landlord should not unreasonably refuse consent in some situations. When a tenant does change a lock with consent, they normally need to give the landlord a copy of the new key, unless an exception applies.

There are exceptions. NSW law includes protections for tenants in situations of domestic violence, and changes can also be authorised by a tribunal or court order. In genuine emergencies there may also be grounds to act first and notify afterwards. Because these situations are sensitive and the details matter, tenants should seek advice from NSW Fair Trading, a tenancy advocacy service, or, in a domestic violence situation, a specialist support service.

Can a landlord change the locks?

Generally, a landlord also needs the tenant's consent to change locks during a tenancy, and must give the tenant a key to any new lock. A landlord cannot lock a tenant out of a rented home as a way of ending a tenancy. Ending a tenancy has to follow the legal process.

Rekeying between tenancies

Between one tenancy and the next, the property is not occupied, so the consent issue is different. Many landlords and agents choose to rekey between tenants as good practice, because:

• previous tenants may have made copies of keys;
• keys may have been lent to friends, cleaners or tradespeople over the years;
• the incoming tenant can be told honestly that previous keys will not work.

Rekeying between tenancies is usually quick and costs less than new locks because the existing hardware stays. See lock rekeying and our guide on rekeying costs.

Keys held by agents and landlords

Agents typically hold a set of keys to manage the property, arrange repairs and carry out inspections with proper notice. Good practice includes:

• keeping a key register showing who holds which keys;
• labelling keys with a code rather than the address;
• collecting all keys at the end of each tenancy;
• rekeying when keys cannot be accounted for.

If keys go missing from an agency's key cabinet, rekeying the affected properties is the safest response.

Security screens, windows and other devices

The same principles apply to security screen doors, window locks and other devices. Removing or adding them during a tenancy usually needs agreement. Window locks are a common request, especially in ground-floor units and older houses. See window locks.

In strata buildings, some devices, such as building entry locks and some window safety devices, may be the responsibility of the owners corporation rather than the individual landlord. Our article on strata lock rules in NSW explains the difference.

How we handle lock work on rentals

When we are asked to work on a rented property, we follow a few rules:

We confirm authority

Before we change, add or rekey a lock, we need to be satisfied that the person asking has the right to authorise it. For an owner or agent, that might be a work order or a call to the agency. For a tenant, that usually means confirmation of the landlord's consent, or evidence that an exception applies.

We do not take sides in disputes

If there is a disagreement between a landlord and tenant about locks, we will not change locks to settle it. That is a matter for NSW Fair Trading or the tribunal.

We provide keys to the right people

We hand keys to the person who engaged us, and we do not keep copies.

We invoice the right party

For agency work we can invoice the agency directly, with the property address and job details on the tax invoice.

Common scenarios

"I have just moved in and want to know my locks are safe."

Ask the agent whether the locks were rekeyed after the last tenancy. If not, ask whether the landlord will agree to rekeying. Put the request in writing.

"A lock on my rental is broken."

Tell the agent or landlord in writing straight away. If the property cannot be secured, say so clearly. If they authorise us, we can repair or replace the lock. See lock repair.

"I lost my keys."

Tell the agent. You may be asked to pay for rekeying if keys were lost through no fault of the landlord. If you are locked out, we can open the door once ownership or tenancy is confirmed. See lockout service.

"I am a landlord and my tenant has left."

Collect all keys, check them against your key register, and consider rekeying before the next tenant moves in.

Where to check the current rules

• NSW Fair Trading publishes current guidance for landlords and tenants on locks, repairs and access.
• Tenants' advice and advocacy services in NSW can help tenants with specific situations.
• The NSW Civil and Administrative Tribunal (NCAT) deals with tenancy disputes.

Talk to us

If you are a landlord, agent or tenant in Lidcombe, Auburn, Berala, Regents Park, Homebush or Strathfield and need rekeying, a repair or a new lock with the right authority, call 02 4503 6922. We are open 7 days, 7:00 AM to 12:00 AM. You can also request a quote or read about our residential locksmith work.