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According to page 2 of NSW Fair Trading’s landlord information statement, “Before or at the start of the tenancy, you or your
agent must:Give a copy of the key (or other opening device or information) to open any lock or security device for the rented property or common property, at no cost to each tenant named in the agreement.
Penalties apply if these requirements are not met.
Precisely what common property does this refer to? Must the tenant get keys to the meter room and the gardener’s shed?
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Seriously, is there a tenant who is demanding access to common property areas to which they – and even resident owners – are not entitled?
If there is, tell them “no” and let them take the issue up with NCAT where they will be told to go and grow up.
Strata committees really need to stop jumping at shadows and “potential” problems where none exist.
When tenants and owners starts demanding “rights” that don’t exist, just say “no” and let them make the running in trying to establish the facts.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
It seems logical to give tenants keys to those parts of the common property to which they are entitled and to which giving the keys will make YOUR life easier, say the meter room. After all, if there is a problem with the water or power getting in to the unit, do you really want to be the only one with the key and to be bothered to come over to the unit to open up the meter room so that the problem can be attended to by the water or power company? And to go when the tenants say is convenient to them? After all, the technician/tradesman will need access to the unit as well.
As to gardener’s shed, I assume the gardener acts and is directed by the strata committee and it makes sense that keys are closely held by the strata committee and not shared with every owner (at least I would hope so), let alone shared with every tenant. In such a case I would argue the tenants have no business involving themselves with the shed and hence no legitimate reason for a key.
This is a fair request to enable tenants to enjoy the property’s assets such as the pool or sauna or such that may be locked when not in general use. For vulnerable areas such as the cabinets for internet connection we keep these locked with a phone contact on the door so a infrequent visiting tradie can identify themself and get the nearby keysafe combo to get the key themself. Our video camera is located there just in case he forgets to return them and we can identify and chase these up.
Tenants should have the same access to common property facilities as resident unit owners. So, if there is a key to the pool area, then the tenant should get a key. Similarly, if there are utility cupboards or store rooms that owners do not generally have access to, then the tenants similarly don’t need access to those.
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