Victoria’s Rental Minimum Standards have become a major issue for real estate agents, auditors, landlords and locksmiths. A lack of clarity from Consumer Affairs Victoria (CAV) has made this an ongoing issue that locksmiths are dealing with on a daily basis.
In 2021 the Victorian Government brought in laws to make renting fairer and more secure for Victorian renters. The laws included minimum standards for bathrooms, electrical safety, heating, kitchen, laundry, lighting and also locks.
Below is taken directly from the CAV website:
“LOCKS
The property’s external entry doors must have functioning deadlocks (a ‘deadlock’ is defined as a deadlatch with at least one cylinder) or be fitted with locks that can be unlocked with a key from the outside but can be unlocked without one from the inside.
The only cases where a deadlock doesn’t have to be fitted to a door are when:
- A door cannot be secured with a deadlock – for example, because of its position
- It is a screen door in the same door frame as an external door
- A different type of lock or device is required under another Act or law
- The door is not accessible because there is another type of security barrier. For example, a locked door to an apartment building, or a locked gate
- The property is registered under the Heritage Act 2017 and has an approved exemption from the standard.”
The guidelines look simple enough on first glance. A functioning deadlock or be fitted with locks that can be unlocked with a key from the outside but can be unlocked without one from the inside.
A deadlock in Australia has always been defined as a lock that has a keyhole/cylinder on the inside (and sometimes outside) of the door. This term is widely known in the security, insurance and locksmithing industries. CAV have used the well-known, established term deadlock and then put their own new definition in brackets after it. CAV’s new definition is a deadlatch with at least one cylinder. Here is where it gets a little confusing. A deadlatch is a latch that can’t be forced back from the outside via shimming/carding. A deadlatch can be found in many styles of locks including rim locks, mortice locks, entrance sets and latching Paradigms. The CAV definition also allows for at least one cylinder however double cylinder/deadlock is also compliant (although not recommended).
It goes on to say “The only cases where a deadlock doesn’t have to be fitted to a door are when:
- A door cannot be secured with a deadlock – for example, because of its position
- It is a screen door in the same door frame as an external door
- A different type of lock or device is required under another Act or law
- The door is not accessible because there is another type of security barrier. For example, a locked door to an apartment building, or a locked gate
- The property is registered under the Heritage Act 2017 and has an approved exemption from the standard.”
All external doors that can’t be secured with a functioning deadlatch must at least be fitted with a locking device that:
- Is operated by a key from the outside, and
- May be unlocked from the inside with or without a key.”
This means if a deadlock can not be fitted to the door (due to position or other reasons), it must be secured with a lock that is operated by a key from the outside (if there is “a keyhole on the outside of the door and if the renter can exit with or without a key” the door is compliant).
We must also remember that these are minimum standards. These doors are not exit doors and should not be treated as such. The tenant has a right to be safe and secure and these minimum standards make sure of that (which is a great thing for all Victorians). There is nothing in the legislation that says the doors must be free to exit at all times. If this was the case, it would be a great time to get into locksmithing as we would be inundated with rental minimum standard compliance work.
The reasons for why a “deadlock” can not be installed are not made clear by CAV but there are many doors that will not allow for a deadlock to be installed due to the construction, there are also landlords who do not want deadlocks installed that don’t fit with the style of the house or there is already a sufficient lock on the door (can be unlocked from the outside with a key and can be unlocked with or without a key on the inside).
Another section of the website states:
“EXTERNAL DOORS AND WINDOWS
- A rental provider must make sure that each external door of the rental property has a working deadlatch with at least one cylinder. A deadlatch is a type of lock that can automatically lock when you close the door.
- A deadlatch is not necessarily a lock that always needs a key to be opened from the inside. In fact, these types of locks are not recommended.”
This section is contradictory from the earlier guidelines provided by CAV. The term now used is “deadlatch with at least one cylinder”. Then they define a deadlatch “is a type of lock that can automatically lock when you close the door”. The use of the word “can” instead of “must” or “will” or is important here. If the door needed to automatically lock when the door is closed CAV would clearly state that.
This section also states that a deadlatch is not necessarily a lock that always needs a key to be opened from the inside (although it can be). CAV recommend that a lock that needs a key to exit is not recommended for safety reasons (although legally compliant). If it was not compliant, CAV would clearly state that the locks must be free to exit from the inside at all times. They do not mention this or make it clear because it is not a legal requirement.
The Master Locksmiths Association of Australasia reached out to CAV in 2021 to provide their definition of deadlatch but CAV could not offer any advice on what locks would meet the minimum standard. CAV stated that if/when a case went before VCAT we would get further clarification.
The advice given by the MLAA to Victorian Business Members is that any deadlatch, deadlock or deadbolt is compliant. This means almost every door with a working lock in a Victorian rental already meets minimum standards. We agree with the MLAA and until further clarification is provided by CAV we will assess each door and follow the MLAA guidelines.
Below is a link to the Minimum Standards for locks:
Without having a detailed knowledge of locks and/or the minimum standards it is hard for auditors, property managers and landlords to make a decision without relying on the advice given from their local Master Locksmith and the MLAA. We hope that some clarification or a clearer picture of the Minimum Standards for locks is on the horizon soon from Consumer Affairs Victoria.
