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RESIDENTIAL TENANCY ACT 1997 - SECT 57 Locks and security devices

RESIDENTIAL TENANCY ACT 1997 - SECT 57

Locks and security devices

(1)  The owner of residential premises, other than boarding premises, is to ensure that during a residential tenancy agreement –
(a) the premises are fitted with locks and any other security devices that are necessary to secure the premises; and
(b) those locks and security devices are maintained during the period of the residential tenancy agreement.
Penalty:  Fine not exceeding 50 penalty units.
(1A)  The owner of boarding premises must ensure that during the period of the residential tenancy agreement –
(a) the room, occupied as a principal place of residence, to which all or part of the agreement relates is fitted with a lock and any other device that is necessary to secure the room; and
(b) the bathroom and toilet facilities in the boarding premises are fitted with a device enabling an occupant of the facility to exclude other persons while using the facility or a part of the facility intended for use by one person at a time; and
(c) any entrance to the premises in which the boarding premises are situated is fitted with a lock and any other device that is necessary to secure the boarding premises; and
(d) the locks and other devices necessary to secure the boarding premises are maintained during the period of the residential tenancy agreement.
Penalty:  Fine not exceeding 50 penalty units.
(1B)  A tenant of residential premises may apply to the Court for an order requiring the owner of the premises to comply with subsection (1) .
(2)  Any party to a residential tenancy agreement must not add, alter or remove any lock or other security device without –
(a) the permission of the other party; or
(b) an order under subsection (4) .
Penalty:  Fine not exceeding 50 penalty units.
(2A)  Subsection (2) does not apply to a person in relation to the addition, alteration or removal of a lock in circumstances to which subsection (2B) applies.
(2B)  A tenant may, without the authority of an order of the Court or the consent of the owner of the residential premises, add, alter or remove any lock or other security device –
(a) if –
(i) an FVO, within the meaning of the Family Violence Act 2004 , is in force under that Act; or
(ii) a PFVO, within the meaning of the Family Violence Act 2004 , is in force under that Act; or
(iii) a recognised DVO, within the meaning of the Domestic Violence Orders (National Recognition) Act 2016 , is in force under that Act; and
(b) the FVO, PFVO or recognised DVO was made for the purpose of protecting the tenant.
(3)  A party to a residential tenancy agreement may apply to the Court for an order authorising that party to alter, add or remove any lock or other security device.
(4)  The Court may make the order if satisfied that it is reasonable to do so in the circumstances.
(5)  If a party to a residential tenancy agreement alters or adds any lock or other security device, that party is to provide the other party with a copy of the key, opening device or information required to open the lock or security device.
Penalty:  Fine not exceeding 50 penalty units.