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  • #48550
    Burpin Bernie
    Flatchatter

      I own a building in Sydney with several studio units. All units have Fire rated entry doors that have to comply with the BCA and are examined and certified annually.

      I have one tenant who in the last few days replaced my certified door hardware and installed an electronic keypad with no  lever handles on either the outside or inside of the door. He has removed the entire hardware and chopped into my inside architrave a new keep.

      I now have no key or access to my own unit. I have informed him that he cannot do this as it now does not comply with the BCA but he choses to ignore me . I have bought new compiling hardware but he refuses to answer my calls. What do I do?

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    • #48553
      Jimmy-T
      Keymaster

        The Tenants Union Factsheet “Locks and Security” says this:

        Under the terms of the standard residential tenancy agreement, you agree:

        • not to alter, remove or add any lock or other security device without reasonable excuse (see below) or unless the landlord agrees

        • to give the landlord a copy of the key (or other opening device or information) for any changed lock or security device within 7 days of the change.

        I think it would be reasonable to send the tenant a letter telling them that by changing the lock without your permission, they have breached their tenancy agreement and have compromised your legal responsibility to maintain fire safety compliant doors.

        In view of both of these breaches, and unless they are resolved immediately, they are liable for both eviction and the loss of their bond to pay for any damage done to the door in rectifying these breaches.

        Will they please arrange a time for a compliant lock to be fitted by your tradespeople within seven days or you will commence proceedings to rectify the situation.

        How about that?

         

        or

        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.
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