Landlord's responsibilities to secure premises

Discussion in 'Property Management' started by G.., 7th Jan, 2018.

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  1. G..

    G.. Well-Known Member

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    I own and self manage a small block of units that is head leased to Housing NSW who sublease to their tenants. Recently one of the tenants wanted deadlocks and claimed that she was unable to get contents insurance unless every external door had deadlocks installed, she indicated that she was insured with NRMA.

    I suggested that she either look for another insurance provider as I had never seen this requirement before, or talk to housing about getting deadlocks (there can be issues if I directly approve tenant requests, they need to go through the proper channels). Later I went onto NRMA's website and was able to get a quote for contents insurance, and they didn't even ask if there were deadlocks installed.

    Later, I was talking to the tenant of another unit who had recently moved in (I suspect that the previous tenant of that unit had passed away). During the tenant changeover, Housing had installed deadlocks on all of her external doors in addition to the existing locks (Housing hadn't even asked permission to do this, so I assume that it is their new standard). Housing had also installed window locks on all windows (not all of the units have these). The tenant also mentioned that she had a police officer at her door just after Christmas saying that someone nearby had been broken into and all their Christmas presents stolen.

    A year or so ago, one of the other tenants complained about broken window latches, and since then I have found many latches broken and one window where the only lock was a piece of dowel that the tenant kept in the window track, and another window that was completely unsecured (all ground floor windows). I have since fixed all of these (the originals were non-lockable latches, so the replacements are the same), and now check and document all window latches and door locks as working at each inspection. I have also tried to encourage the tenants to report these issues rather than just leaving them.

    I understand that it is the landlords responsibility to "maintain locks or other security devices necessary to keep the residential premises reasonably secure", my question is - what is "reasonably secure" and are the standard door locks and window latches sufficient for this?

    I should also note that we only have buildings insurance and not landlords insurance on this property (we figured that the NSW government would be unlikely to skip town wothout paying rent, or leaving damages at the end of the lease). We understand that there are some items not covered (such as the kitchen cupboards, if there is a fire) but the buldings insurance covers the building itself and public liability, which are the two main areas of risk.
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    The requirement for deadlocks, window locks &/or window bars has been around since Noah's brother went feral.

    A rim cylinder night latch (below) is not a deadlock & is insufficient.

    [​IMG]

    Deadbolt - OK

    [​IMG]

    Deadlock - OK

    [​IMG]
     
    Last edited: 7th Jan, 2018
  3. G..

    G.. Well-Known Member

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    Scott, is this an insurance thing (my home insurance docs specifically say that deadlocks are not installed), or a rental property thing (the only reference I can find in the NSW Residential Tenancies Act is "reasonably secure")? Do you have a reference where I can read up on the specifics?

    Edit - Found the following in section 191 (2) of the RTA...
    For the purposes of determining whether a landlord has provided
    residential premises that are reasonably secure, the Tribunal may
    consider (but is not limited to considering) the following matters:
    (a) the physical characteristics of the premises and adjoining areas,
    (b) the requirements of insurance companies for allowing the tenant
    to obtain insurance for property of the tenant kept at the premises,
    (c) the likelihood of break-ins or unlawful entry or risks to the
    tenant’s personal safety.

    Although I still don't get from that to "deadlocks are always mandatory" which is how I interpreted your post.

    Thanks for the pictures (I was actually in the process of looking them up when you added them).
    The new locks added by housing look to be either the Lockwood 001 (shown above) or the Lockwood 002.
     
    Last edited: 7th Jan, 2018
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Article but no real substance.

    Insurance council

    GIO

    Cl 29 Residential Tenancies Act NSW only notes as reasonably secure which is not a defined term however a recent case in NT led to the LL being liable for not providing adequate security devices once a property had been broken into several times.
     
  5. MyDarlinghurst

    MyDarlinghurst Well-Known Member

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    yes most insurance companies ask if deadlocks are fitted .............but i just found out recently that Strata and no locksmith will fit DEADBOLTS w/o strata permission.

    my strata denied my request to put on my door a deadbolt
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    @MyDarlinghurst - Deadbolts do not comply with the egress provisions of the BCA for a required exit ie single handed lever operation as you can't simultaneously unlock the deadbolt and operate the door handle with the same hand. The BC is correct in refusal, the main lock should be replaced if you want to comply.
     
  7. brettc

    brettc Well-Known Member

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    Some years ago we identified that the security requirements required by some Insurers for tenanted properties was indeed an issue for landlords. Hence we introduced TenantCover, which is a low cost tenant contents policy and one of the main features is that it only requires "reasonable security measures in place, such as working locks" with no specific requirements for deadlocks. It certainly is an issue with some policies.
     
    Tom Rivera and Scott No Mates like this.
  8. dabbler

    dabbler Well-Known Member

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    I think your suggestionof another insurer is good & suspect tenant has not pressed them on this.....you just need doors and windows that will lock to get insurance.....even though they ask if there are deadlocks etc
     
  9. Michael_Gilbert

    Michael_Gilbert Member

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    Unfortunately, the law doesn’t state what “reasonable” security means, and the Tribunal decides on a case-by-case basis. Fair Trading NSW says "What is reasonably secure will vary in different situations." It might be an idea to speak with an insurance company or a few insurance companies to determine what would make the units secure in your case.
     
  10. Joynz

    Joynz Well-Known Member

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    I recently renewed my home insurance - getting a couple of quotes in the process.

    Both companies asked if I had deadlocks, patio bolts and window locks.

    The way they talked, they made it sound like my premiums would be higher if I didn't have these. I had a fraught discussion with one salesperson, trying to convince them that my four-point locking 'tilt and slide' sliding doors were stronger than having a patio bolt

    I'm not surprised the tenant was intimidated by the insurance company.
     
  11. melbournian

    melbournian Well-Known Member

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    I just go panic bolts on doors - too many home invasions in melb
    upload_2018-1-9_14-48-28.png
     
  12. dabbler

    dabbler Well-Known Member

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    Yep, they all ask. Well ones I have contacted or taken policies with.
     
  13. Joynz

    Joynz Well-Known Member

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    Do you mean patio bolts rather than panic bolts?
     
  14. dabbler

    dabbler Well-Known Member

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    I think you need a panic room in Melbs in some spots :)
     
  15. melbournian

    melbournian Well-Known Member

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    That’s what they’re called at Bunnings Meant for doors actually

    Zenith 450mm Zinc Plated Panic Bolt