Queensland Subordinate Legislation as Made

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION AMENDMENT REGULATION 2022 - REG 13

13 Replacement of sch 1, pt 2, cl 29 (Changing locks—ss 211 and 212)

Schedule 1 , part 2 , clause 29—
omit, insert—

29 Changing locks—ss 211 and 212

(1) The lessor or tenant may change a lock at the premises only if—

(a) the other party to this 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) The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.

(4) If the lessor or tenant changes a lock, the lessor or tenant must give the other party to this 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.

(5) If the tenant changes a lock under subclause (2) and gives the lessor a key for the changed lock, the lessor must not give the key to any other person without the tenant’s agreement or a reasonable excuse.

(6) The right of the lessor or tenant to change a lock under this clause is subject to any of the following laws that apply to the premises—

(a) the Body Corporate and Community Management Act 1997 ;

(b) the Building Units and Group Titles Act 1980 ;

(c) a body corporate by-law.