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Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 21 October 2017 at 23:28)
Part 3 Division 7
Division 7 Security and safety of residential premises
70   Locks and other security devices
(1)  A landlord must provide and maintain the locks or other security devices necessary to ensure that the residential premises are reasonably secure.
(2)  A landlord or landlord’s agent must give to each tenant named in the residential tenancy agreement a copy of the key or any other opening device or information required to open a lock or security device for the residential premises or common property to which the tenant is entitled to have access.
(3)  The initial copies are to be provided free of charge but the landlord may recover from a tenant the cost of providing replacement or additional copies.
(4)  This section is a term of every residential tenancy agreement.
Note.
 Section 191 provides for matters to be considered by the Tribunal when determining an action for a breach of this Division.
71   Changes of locks and other security devices
(1)  A landlord or tenant may alter, remove or add or cause or permit the alteration, removal or addition of a lock or other security device for the residential premises only if:
(a)  the other party agrees, or
(b)  with a reasonable excuse.
(2)  Without limiting what is a reasonable excuse, it is a reasonable excuse 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, or
(c)  after the tenancy of a co-tenant was terminated, or
(d)  after a tenant or occupant of residential premises was prohibited from having access to the residential premises by an apprehended violence order.
(3)  If a lock or other security device is altered, removed or added by a landlord or the tenant 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 by the landlord or tenant without reasonable excuse.
(4)  A landlord or tenant who contravenes subsection (1) is guilty of an offence.
Maximum penalty: 20 penalty units.
(5)  This section is a term of every residential tenancy agreement.
72   Copies of changed locks and other security devices to be given to other party
(1)  A copy of the key or any other opening device or information required to open a lock or other security device that is altered, added or removed by a landlord or tenant must be given to the other party not later than 7 days after it is altered, added or removed, unless:
(a)  the other party agrees, or
(b)  the Tribunal authorises a copy not to be given.
(2)  This section does not require a copy of a key or other opening device or information to be given to a person who is prohibited from having access to the residential premises by an apprehended violence order.
(3)  This section is a term of every residential tenancy agreement.
73   Remedies for security of residential premises
The Tribunal may, on application by a landlord or tenant, make any of the following orders if it thinks it reasonable in the circumstances to do so:
(a)  an order authorising the landlord or tenant to alter, remove or add or cause or permit the alteration, removal or addition of a lock or other security device,
(b)  an order authorising the landlord or tenant to refuse to give to the other party a copy of a key or any other opening device or information,
(c)  an order requiring a copy of a key or any other opening device or information to be given to the landlord or tenant.