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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 211
Changing locks
211 Changing locks
(1) The lessor or tenant may change a lock at the premises only if— (a) the
other party to the residential tenancy agreement agrees to the change; or
(b)
the lessor or tenant has a reasonable excuse for making the change; or
(c)
the lessor or tenant believes the change is necessary because of an emergency;
or
(d) the lock is changed to comply with an order of the tribunal.
(2)
However, the tenant may also change a lock at the premises if the tenant—
(a) believes the change is necessary to protect the tenant or another occupant
of the premises from domestic violence; and
(b) engages a locksmith or other
qualified tradesperson to change the lock.
(3) If the lessor or tenant
changes a lock, the lessor or tenant must give the other party to the
residential tenancy agreement a key for the changed lock, unless— (a) the
other party agrees to not being given the key; or
(b) a tribunal orders that
the key not be given to the other party.
(4) If the tenant changes a lock
under subsection (2) and gives the lessor a key for the changed lock, the
lessor must not give a key for the changed lock to any person other than the
tenant without the tenant’s agreement or a reasonable excuse. Penalty—
Maximum penalty—50 penalty units.
(5) The right of the lessor or tenant
to change a lock at the premises under this section is subject to a
body corporate law or a body corporate by-law that applies to the premises.
(6) In this section—
"body corporate law" means the
Body Corporate and Community Management Act 1997 or the
Building Units and Group Titles Act 1980 .
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