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tenancy

Changing the locks: Rules for both landlords and tenants

Key Takeaway

Landlords must provide and maintain reasonably secure premises, including locks, and generally cannot remove or disable them without tenant agreement or a Tribunal order. Tenants can change locks if reasonably necessary for security, but must provide the landlord with a new key and generally require consent for alterations. Both parties commit an unlawful act if they remove or disable existing locks or security devices without proper authorisation.

Changing Locks in a New Zealand Tenancy

The security of a rental property, including its locks, is a fundamental aspect of a residential tenancy. The Residential Tenancies Act 1986 (RTA 1986) sets out clear rules, rights, and obligations for both landlords and tenants regarding locks and other security devices.

Landlord's Obligations Regarding Security and Locks

Landlords have a primary responsibility to ensure the rental premises are reasonably secure. This includes providing and maintaining effective locks and security devices.

A landlord must provide and maintain locks and other security devices necessary to ensure the premises are reasonably secure [Source: Residential Tenancies Act 1986, s 45A(1)]. Furthermore, a landlord must not remove or render inoperative any locks or other security devices unless the tenant agrees or the Tenancy Tribunal orders it [Source: Residential Tenancies Act 1986, s 45A(2)]. The Tenancy Tribunal is an independent judicial body that resolves disputes between landlords and tenants.

Interfering with the supply of locks or security devices by a landlord constitutes an unlawful act [Source: Residential Tenancies Act 1986, s 66I(1)(da)]. An unlawful act is a breach of the RTA 1986 that the Tenancy Tribunal can address, potentially leading to orders for compensation or penalties.

Tenant's Rights and Obligations Regarding Locks

Tenants also have specific responsibilities and some limited rights regarding changing or adding locks:

  • General Rule for Alterations: A tenant must not affix any fixture (such as a new lock) to the premises or make any alteration without the prior written consent of the landlord [Source: Residential Tenancies Act 1986, s 46(1)(g)].
  • Removing or Disabling Existing Locks: Similar to landlords, a tenant must not remove or render inoperative any locks or other security devices unless the landlord agrees or the Tenancy Tribunal orders it [Source: Residential Tenancies Act 1986, s 45A(3)].
  • Affixing New Locks for Security: Despite the general rule about alterations, a tenant may affix a lock or other security device to the premises without the landlord's written consent if it is reasonably necessary for the tenant's security [Source: Residential Tenancies Act 1986, s 45A(5)].
  • Providing Keys for New Locks: If a tenant replaces an existing lock or other security device, they must give the landlord a key or other means of access to the new lock or device within a reasonable time [Source: Residential Tenancies Act 1986, s 45A(4)]. Similarly, if a tenant affixes a new lock or security device under the 'reasonably necessary for security' provision (even without consent), they must also give the landlord a key or other means of access to the new lock or device within a reasonable time [Source: Residential Tenancies Act 1986, s 45A(6)]. A reasonable time generally means a period that is fair, practical, and appropriate under the circumstances.
  • Removal at End of Tenancy: If a tenant has affixed a lock or other security device, they must remove it at the end of the tenancy if the landlord requires it, and make good any damage caused by the removal [Source: Residential Tenancies Act 1986, s 45A(7)].

Key Provision and Access

The requirement for a tenant to provide the landlord with a key for any new or changed lock ensures that the landlord retains a means of access to the property. This is important for their ability to fulfill their responsibilities, such as conducting inspections (with proper notice) or entering in emergencies [Source: Residential Tenancies Act 1986, s 48].

Unlawful Acts Related to Locks

Both landlords and tenants can commit unlawful acts if they interfere with existing locks or security devices without proper authorisation:

  • Landlord Unlawful Act: A landlord commits an unlawful act if they interfere with the supply of locks or security devices [Source: Residential Tenancies Act 1986, s 66I(1)(da)].
  • Tenant Unlawful Act: A tenant commits an unlawful act if they remove or render inoperative any locks or other security devices without the landlord's agreement or a Tenancy Tribunal order [Source: Residential Tenancies Act 1986, s 45A(3)].

Any disputes regarding locks or security devices that cannot be resolved amicably between the parties may be taken to the Tenancy Tribunal for resolution.

When to Seek Independent Legal Advice

For specific guidance on individual situations, or to understand how the law applies to particular circumstances, parties involved in a residential tenancy dispute or query about locks or security devices are encouraged to consult with Tenancy Services or seek independent legal advice. Free advice is available from Community Law Centres.

Key Resources