(1) It is a term of
every residential tenancy agreement —
(a) that
the lessor must provide and maintain such means to ensure that the residential
premises are reasonably secure as are prescribed; and
(b) that
any lock or other means of securing the residential premises must not be
altered, removed or added by a lessor or tenant without the consent of the
other given at, or immediately before, the time that the alteration, removal
or addition is carried out; and
(c)
that, except as provided in subsection (2), the lessor or the tenant must not
unreasonably withhold the consent referred to in paragraph (b).
(2) It is a term of
every residential tenancy agreement —
(a) that
a tenant may alter or add any lock or other means of securing the residential
premises —
(i)
after the termination of a person’s interest in a
residential tenancy agreement under section 60(1)(bc); or
(ii)
in any event, if it is necessary to prevent the
commission of family violence that the tenant suspects, on reasonable grounds,
is likely to be committed against the tenant or a dependant of the tenant;
and
(b) that
the tenant must give to the lessor a copy of the key to any lock or other
means of securing the residential premises altered or added under paragraph
(a) as soon as practicable, and in any event within 7 days, after the lock or
other means of securing the residential premises has been altered or added;
and
(c) that
the lessor must not give a copy of a key referred to in paragraph (b) —
(i)
to a person whose interest in the residential tenancy
agreement has been terminated under section 60(1)(bc); or
(ii)
in any event, to a person who the tenant has instructed
the lessor in writing not to give the copy of the key.
(3) A tenant who
breaches a term referred to in subsection (2)(b) without reasonable excuse, in
addition to any civil liability that the tenant might incur, commits an
offence.
Penalty for this subsection: a fine of $5 000.
(4) Subsection (2)(b)
does not apply if the lessor is a person reasonably suspected of being likely
to commit the family violence referred to in subsection (2)(a)(ii).
[Section 45 inserted: No. 60 of 2011 s. 41;
application modified: Residential Tenancies Regulations 1989 r. 7A; amended:
No. 3 of 2019 s. 10.]