Landlord & Tenant Lock Change Rules in NSW

Surry Hills, Darlinghurst, Redfern and the surrounding suburbs have a high share of rented homes, so we get asked about lock rules almost every week. Can a tenant change the locks? Does the landlord have to? Who pays? Who gets a key?

This guide explains how lock changes generally work for residential tenancies in New South Wales. It is a plain-English overview to help you ask the right questions. It is not legal advice. Tenancy law changes from time to time, and individual leases differ. For your specific situation, check the current information from NSW Fair Trading, or speak to a tenants' advice service or a lawyer.

The basic principle

The general idea in NSW is that both the landlord and the tenant have an interest in the security of a rented home, so lock changes should normally be agreed between them, and each should end up with a key.

In practice, that means:

• A tenant generally should not change or rekey the locks without the landlord's consent.
• A landlord generally should not change the locks without the tenant's consent.
• Whoever changes a lock should usually give the other party a copy of the new key.

There are important exceptions, particularly where domestic violence is involved, and those are covered below.

Landlords' security obligations

Landlords in NSW have obligations to provide and maintain locks and other security devices so that the premises are reasonably secure. Over recent years, minimum standards for rental properties have been strengthened.

For locksmithing, this usually means:

• External doors and windows that can be secured.
• Locks that work.
• Repairs to locks and security devices carried out within a reasonable time when they fail.

If a lock on your rental breaks, report it to your landlord or agent in writing. A broken front door lock that leaves the home unsecured is generally treated as urgent.

Can a tenant change the locks?

Generally, a tenant needs the landlord's consent before changing, adding or rekeying a lock. The landlord should not unreasonably refuse, particularly where there is a good reason such as lost keys.

If you are a tenant and want to change or rekey a lock:

1. Ask the landlord or agent in writing. Explain why.
2. Get their consent in writing, even if by email.
3. Book a locksmith.
4. Give the landlord or agent a copy of the new key promptly.
5. Keep the invoice.

If you change the locks without consent, you may be in breach of your tenancy agreement, and you may be asked to pay to restore the original locks.

Can a landlord change the locks?

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

Between tenancies, landlords often rekey so that the previous tenant's keys no longer work. This is good practice, and many agents do it as standard.

Lock changes after domestic or family violence

NSW law includes specific protections for people experiencing domestic or family violence. In certain circumstances, a tenant may be able to change or rekey the locks without first getting the landlord's consent, and may not be required to give a key to a person who poses a risk.

The exact rules, and what evidence or orders apply, are set out by NSW Fair Trading and in the tenancy legislation. If this applies to you:

• Your safety comes first. If you are in danger, call 000.
• Contact a support service such as 1800RESPECT (1800 737 732) for advice and help.
• Check the current rules with NSW Fair Trading or a tenants' advice service.

When we are asked to change locks in these circumstances, we act discreetly and promptly, and we do not share information about the job with anyone other than the person who booked it.

Who pays for a lock change?

Who pays usually depends on why the lock is being changed.

• Repairs to a broken lock that is not the tenant's fault are generally the landlord's responsibility.
• A change the tenant requests for their own reasons, such as lost keys, is often at the tenant's cost.
• Rekeying between tenancies is usually at the landlord's cost.
• Damage caused by the tenant or their guests may be the tenant's cost.

Check your lease and talk to your agent if you are not sure.

Rekey or replace?

For most rental lock changes, rekeying is the sensible choice. It keeps the existing lock and changes the pins inside so old keys stop working. It is usually cheaper than replacing the lock, and it does not change the look of the door. See lock rekeying and our guide to rekey or replace.

Replacement makes more sense when a lock is worn, damaged or not secure enough.

Apartments and strata

If you rent an apartment, there is a third party involved: the owners corporation.

• Your lot door is usually the landlord's responsibility, and lock changes follow the usual landlord–tenant rules.
• Building entry doors, car park gates, lift access and common areas belong to the owners corporation. Tenants and landlords generally cannot change those locks.
• Some buildings have by-laws about the style or fire rating of lot door hardware. Check before replacing a lot door lock.

If you are locked out of a secure building, the building manager or strata manager may be able to arrange access to the common areas so a locksmith can reach your door.

Key handover at the start and end of a tenancy

A few simple habits save a lot of trouble.

At the start of a tenancy:

• Record how many keys you received, for which doors, in the condition report.
• Ask whether the locks were rekeyed after the last tenant.
• Test every key in every lock.

At the end of a tenancy:

• Return every key you received, plus any copies you made.
• Get written confirmation that the keys were returned.

Missing keys at the end of a tenancy can lead to a deduction from the bond for rekeying.

Common situations and how they usually play out

These examples show how the general principles tend to apply. Your lease and the current rules always take priority.

A tenant loses their keys

The tenant tells the agent in writing, asks to rekey the locks, and gets consent. The locksmith rekeys, supplies keys for both tenant and landlord, and the tenant usually pays because the keys were lost on their watch. Rekeying matters here: if the keys had an address tag, anyone who finds them could walk in.

The front door lock breaks

The tenant reports it to the agent in writing straight away. Because the home cannot be secured, it is generally treated as urgent. The landlord arranges and pays for the repair or replacement, unless the tenant caused the damage.

A housemate moves out on bad terms

The remaining tenants want the old housemate's key to stop working. They ask the landlord for consent to rekey, explaining why. Once agreed, the locks are rekeyed and the landlord receives a new key. If there is any threat of violence, different protections may apply, and support services can help.

A landlord between tenancies

The previous tenant has handed back their keys, but nobody can be sure every copy came back. The landlord rekeys before the new tenant moves in, records the number of new keys in the condition report, and keeps one set. This protects both the landlord and the incoming tenant.

A tenant wants extra security

A tenant on a ground-floor flat facing a laneway wants a deadlock and window locks. They ask the landlord in writing. Landlords often agree, because better security protects the property too. The parties agree who pays, and the landlord receives keys for any new locks.

Getting consent in writing

Whichever side you are on, a short email is usually enough to record consent. Include the address, which locks are being changed, why, who will pay, and confirmation that the other party will receive a key. Keep the reply. It avoids disputes when the bond is returned.

For landlords and property managers

If you manage rental properties around Surry Hills, these habits help.

• Rekey between every tenancy. It protects you and the incoming tenant.
• Keep a key register showing how many keys exist for each property and who holds them.
• Use good-quality locks that can be rekeyed quickly.
• Consider a master key system if you manage several units in one building. See security locksmith.
• Respond quickly to lock repair requests. A tenant who cannot secure the home is a risk to your property too.

What we do when asked to change rental locks

When a tenant or landlord asks us to rekey or change a lock on a rental property, we:

• Ask who is booking the work and confirm they are entitled to access the property.
• Ask whether the other party has agreed, where that is required.
• Supply enough keys for both parties.
• Provide an itemised invoice.

If there is a domestic violence situation, we handle it quietly and do not contact the other party.

Where to get authoritative advice

For your specific circumstances, these are the places to go:

• NSW Fair Trading for tenancy rights and responsibilities.
• Your local tenants' advice and advocacy service.
• A lawyer for complex disputes.
• 1800RESPECT (1800 737 732) for domestic and family violence support.

The bottom line

In NSW, lock changes in a rented home should generally be agreed between landlord and tenant, and both should receive a key. Landlords must keep locks working and the home reasonably secure. Special protections apply where domestic violence is involved. Rekeying is usually the most practical way to change who has access.

To rekey or repair locks on a rental property, call Surry Hills Locksmith Service on 02 3820 5414, open 7 days, 7:00am to 12:00am, or request a quote.