The rules around locks in Victorian rentals are clear but a lot of tenants and landlords get them wrong. Here is what the Residential Tenancies Act actually says.
The basic rule
Locks cannot be changed without both parties knowing. Tenants cannot change the locks without the landlord's permission. Landlords cannot change the locks without giving the tenant a key.
When you can change the locks as a tenant
If you have written permission from the landlord. If you are leaving and replacing the locks back to original at the end of the lease. If there is an emergency (like a partner getting a family violence intervention order, the Act has specific provisions).
When the landlord can change the locks
At the end of a tenancy after the tenant has moved out. Between tenancies. With agreement from the current tenant. The landlord has to provide a key within a reasonable time, usually 7 days.
The family violence exception
If a tenant has an Apprehended Violence Order or Family Violence Intervention Order, they have specific legal rights to change locks immediately without landlord permission, to exclude the named person. The landlord must be told but cannot refuse.
Who pays
Generally, whoever requests the change pays. If the landlord changes locks between tenants for property management reasons, the landlord pays. If a tenant requests new locks because they lost a key, the tenant pays. If the landlord upgrades locks for security, the landlord usually pays.
What happens at the end of the lease
If you changed any locks during the tenancy, you must either return them to original or hand over keys for all the new locks. Failure to do this is a breach of the lease and can lose you part of your bond.
If your landlord changes locks without telling you
This is illegal in Victoria. You can apply to VCAT for an order to restore your access. The landlord may also be liable for compensation.
Common mistake
Tenants sometimes change locks without permission then forget to mention it to the landlord at the end of the tenancy. The landlord then changes the locks again at their own cost and deducts it from the bond. To avoid this, always discuss any lock changes with the landlord at the time, in writing.