Fixing a lock - who pays?

Hi PC folks,

Please excuse my poor search skills if this has already been covered, but if a tenant changes the front door lock and after a while the lock becomes faulty, who covers the cost of the fix?

The tenant has been great - no issues - and been there almost 12 months. When she moved in she had the door lock changed and provided the PM with a key. Permission was not requested, but hey, she's an old lady and I have no idea how many people rented the property before I bought it, or how many keys might be out there. Its understandable she had it changed.

But apparently the lock no longer works so she has put in a maintenance request for me to get it fixed. PM has forwarded the request asking what my thoughts are.

My first thought is she's a good tenant, so if its say $100 to fix/replace then why not. However I have no idea what lock was fitted or by who. If the lock was poorly fitted and fixing it means a new door (and/or door jam) is required then it could be an expensive exercise.

So...what are my obligations vs what's the wise course of action?

Cheers,
Scott

 

Who wants to pay?

Whose lock is it?

 

Its her lock, she'd like me to pay, and I'd like her to pay .

In all honesty, I'd be happy to pay up to $200 to fix it for her. What makes me cautious is after settling my PPOR I went to change the lock before moving in and found both the door and door jamb were beyond repair so it cost me heaps more than expected.

 

Then ask her to pay. She may take it with her if it belongs to her.

 

Thanks Terry.

 

Default position is that a landlord is responsible for keeping the premises reasonably secure btw.

 

If it is just the lock & not a door frame issue, why not replace the lock for your $200? This would be deductible & you also reinstate the status quo of landlord/ tenant responsibilities

 

Did the tenant have the lock replaced or just re keyed?

 

Landlord pays

 

I would pay if I were you. At least then you can be sure the property is secure (and to a good standard).

 

I would pay as above you don't want her taking the lock when she leaves. If she does put the old lock back in - old keys maybe discarded and you will need to change lock again. Better to change it now and have key for her and the office.

 

So as it turns out she bought a cheapy from Bunnings and had it installed by a friend.

PM is checking it out on Saturday and letting me know whats needed.

 

Sounds like willful damage that the tenant should repair

 

I'd be suggesting the tenant replace it seeing as it's her cheap lock and she did it without permission.

That being said, you gave her implied permission by not breaching her for doing it without permission. You also have a responsibility to make the premises secure. If push came to shove you'd need to pay for it, but give her the opportunity to do the right thing first. Bit cheeky of her to even put in a maintenance order in the first place....

 

Easy fix....please put back the lock supplied that was working, and do not make non approved changes to property please, thanks.

 

In Melbourne, a tenant is expected to communicate with the landlord if they want to change the locks. Consumer.vic says:

'...tenant must get the landlord’s consent (which cannot be unreasonably withheld) if they want to change a lock. If the tenant believes the landlord is unreasonably withholding consent, they can apply to the Victorian Civil and Administrative Tribunal (VCAT) for a ruling on the matter.’

I suspect changing a lock even without permission (though not ideal) wouldn't be a breach issue in Vic, based on this - as long as a key is given.

 

@Joynz, consent needs to be reached prior to the works. Same principle if, for example, Landlord can't withhold reasonable consent to sub-letting but if it's done without permission they can be breached.
In this particular case in an ideal situation the tenant would have requested permission and the Property Manager stipulated approval given a lock of equal or exceeding quality to the existing piece and a professional installation. What constitutes good quality is a grey area, but it would have provided some protection nonetheless.

 

Well...PM is going to suggest to tenant that they fix their lock. If its an issue I'll buy a proper lock and have it fitted.

As for a breach notice...well had she asked I would have approved. Once it was fitted I figured the horse had bolted. Lesson learned