When property crime such as a break-in occurs, there’s often an impact to both tenants and the property manager/owner. The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) requires property managers/owners to supply and maintain locks to ensure a property is reasonably secure. There are also other actions that both tenants and property managers/owners can take to reduce the risk of property crime, and important steps to follow when crime does occur.
Reducing the risk of property crime
Locks and security
When starting a tenancy, it’s important to check locks and security.
A property manager/owner is required to supply and maintain locks that are necessary to ensure a property is reasonably secure. As part of minimum housing standards, this includes ensuring there are functioning locks or latches on all external facing doors or windows that can be reached without a ladder.
If a tenant notices an issue with a lock that requires repairs, they must notify their property manager/owner as soon as possible so the issue can be addressed. If the issue makes the property unsecure, it may require an emergency repair.
If a tenant or property manager/owner wants to change a lock during a tenancy, they should follow the correct process as described under locks and security.
Other options for making a rental property more secure
The Queensland Police Service provides information about safety and preventing crime, including property crime, and tips for making a property more secure.
If a tenant wishes to install additional security features such as a security system or alarm, they need to have written permission from the property manager/owner before installing. Additional permission may be required if the rental property is part of a body corporate.
For more information, see attaching fixtures and structural changes.
Insurance
Tenants may wish to consider obtaining contents insurance to cover their possessions in the event of a break-in.
Property owners may wish to consider obtaining a landlord protection insurance policy that includes building cover. Some policies may cover the costs of property damage caused by a break-in.
Property owners and tenants should speak to their insurer to find out what coverage is provided, and what excess may be payable.
Leaving a property temporarily vacant
If a tenant is going away and leaving a property vacant for a short period, they should consider notifying their property manager/owner of their absence.
Tenants should also make sure their rental property is secure before they leave. A home that looks unattended could be seen as a target. To help prepare, tenants should have a checklist that includes things such as:
- locking all doors and windows
- asking a family member or a friend to collect mail and put the bins out
- asking a family member or friend to take care of any plants and the yard
- passing on the property manager/owner’s contact details to a family member, friend or neighbour
- passing on details for an emergency contact to the property manager/owner.
What to do when property crime occurs
Contacting the police to report the crime
In the event of a break-in or other property crime such as property damage or a fire, you should phone 000 (triple zero) for emergency assistance if:
- the crime is happening now
- yours or someone else’s life is threatened
- the suspected offenders are still in the area.
If you don’t require emergency assistance, you can report non-urgent crime online via Policelink or call 131 444 (24/7).
Further information is available on the Queensland Police Service website and in the Office of the Victims’ Commissioner’s resources for victims of property crime.
Notifying the property manager/owner
Tenants should notify their property manager/owner about a break-in or other property crime. The responsibility for paying for any repairs to the rental property following damage due to a break-in will depend on how the issue occurred.
If the required repairs are partly due to the tenant’s actions, such as leaving a window open or not reporting a damaged lock to their property manager/owner, then the tenant may be responsible for paying for any damage caused.
If the required repairs are not because of anything the tenant has done or if they are due to a problem with the property that has been reported but not addressed, such as a broken lock, then it is generally the property manager/owner’s responsibility to pay for the damage.
Tenants should make a request for any maintenance and repairs required to address the damage.
If the property damage occurs in a caravan park, police powers to deal with a serious nuisance in a moveable dwelling park may apply.
Severe damage to a rental property
If a rental property is severely damaged, the tenant and property manager/owner will need to discuss how long the repairs will take and whether the tenant needs to temporarily vacate the property.
A property may become unliveable if severely damaged and there are usually two options – to end the tenancy or to continue the tenancy. In some cases, the property manager/owner or the tenant may wish to terminate the tenancy for health and safety reasons.
Resolving disputes
Proactive communication between the property manager/owner and tenant will help both parties self-resolve issues about security, property damage following a break-in, repairs and options for the tenancy.
Both parties are encouraged to work together to come to a solution for self-resolving the tenancy issue. If an agreement cannot be reached or the issue is not resolved through self-resolution, either the tenant or the property manager/owner can seek free and impartial dispute resolution from the RTA.
More information
The Queensland Police Service website provides further information about safety and preventing crime and how to report a crime. The Office of the Victims’ Commissioner website also has resources for victims of property crime.
To find out more about your rights and responsibilities in a tenancy, or for more information or support, you can contact the RTA on 1300 366 311.