New South Wales Consolidated Acts

RESIDENTIAL PARKS ACT 1998 - SECT 29

29 Locks and other security devices

(cf RT Act s 29)

(1) It is a term of every residential tenancy agreement that:

(a) the park owner must provide and maintain such locks or other security devices as are necessary to ensure that the residential premises are reasonably secure, and

(b) neither the park owner nor the resident may, except with reasonable excuse or the consent of the other party, alter, remove or add or cause or permit the alteration, removal or addition of any lock or other security device, and

(c) a copy of the key or any other opening device or information required to open a lock or other security device that is altered, removed or added must be given to the other party, except where the other party consents to not being given a copy or the Tribunal authorises a refusal to give the copy.

(2) A park owner or a resident under a residential tenancy agreement must not, except with reasonable excuse or the consent of the other party, alter, remove or add or cause or permit the alteration, removal or addition of any lock or other security device of the residential premises.

Maximum penalty: 5 penalty units.

(3) Without limiting the operation of subsection (2), it is a reasonable excuse for altering, removing or adding any lock or other security device, or causing or permitting the alteration, removal or addition, that a lock or other security device was altered, removed or added:

(a) in an emergency, or

(b) in accordance with an order of the Tribunal.

(4) If a lock or other security device is altered, removed or added by the park owner or the resident, or is caused or permitted to be altered, removed or added, without the consent of the other party, it is presumed, in the absence of evidence to the contrary, that it was altered, removed or added without reasonable excuse.

(5) The Tribunal may, on application by a park owner or a resident under a residential tenancy agreement:

(a) make an order authorising the park owner or the resident to alter, remove or add any lock or other security device, or

(b) make an order authorising the park owner or the resident to refuse to give to the other party a copy of a key or any other opening device or information, or

(c) make an order requiring a copy of a key or any other opening device or information to be given to the park owner or the resident,

if it is satisfied that it is reasonable in the circumstances to do so.

(6) This section does not apply to residential tenancy agreements under which the residential premises consist only of a residential site on which a moveable dwelling is situated or intended to be situated.