Queensland tenancy law allows locks to be changed in a number of circumstances, but there is a process to follow and important exceptions.
Can a tenant change the locks?
Yes, but not simply whenever they choose. Section 211 of the Residential Tenancies and Rooming Accommodation Act 2008 provides that a tenant or lessor may change a lock where the other party agrees, where there is a reasonable excuse, where the change is considered necessary because of an emergency, or where the lock is changed to comply with a tribunal order.
The Act also contains specific provisions allowing a tenant experiencing domestic and family violence to change a lock where the statutory requirements are met.
Agreement must not be unreasonably withheld
The RTA states that, outside domestic and family violence circumstances, both parties should agree to a lock change and neither party may unreasonably withhold consent.
Who gets the new key?
If a lock is changed, the party making the change must generally give the other party a key for the changed lock. Exceptions can apply where the other party agrees not to receive a key or QCAT orders that the key not be provided.
Does holding a key allow the owner or agent to enter?
No. A key and a right of entry are different things. The property manager/owner can only enter for a valid reason and must comply with the notice and entry requirements unless an exception applies, such as an emergency or another circumstance recognised by the Act.
See the RTA – Entry to the property.
Body corporate properties
Where the premises are part of a body corporate, additional body corporate laws or by-laws may affect lock changes. Tenants and owners should check those requirements before altering common-property or controlled access hardware.
Queensland government sources
- RTA – Locks and security
- RTA – Rental premises use, condition and repairs
- RTA – Entry to the property
- Queensland Legislation – Residential Tenancies and Rooming Accommodation Act 2008, sections 211–213
General information only, not legal advice. Special rules apply in domestic and family violence situations. Check the current RTA and legislation.