One question that has been popping up frequently over the last few years is “who is responsible for the maintenance of smoke alarms in rental properties?”
As most of the property managers out there would be aware, the Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006 came into effect ten years ago. Since then, smoke alarms have been mandatory in all homes and other shared accommodation buildings where people sleep.
As set out in the Residential Tenancies Regulation 2010, Schedule 1 – the standard clauses for residential tenancies agreement states:
SMOKE ALARMS
- The landlord agrees to ensure that smoke alarms are installed and maintained in the residential premises in accordance with section 146A of the Environmental Planning and Assessment Act 1979 if that section requires them to be installed in the premises.
- The landlord and tenant each agree not to remove or interfere with the operation of a smoke alarm installed on the residential premises unless they have a reasonable excuse to do so.
So, as we can see from clause 38 above, it states that the landlord is responsible for the installation and maintenance of the smoke alarms, and the standard tenancy agreement also states that it is the responsibility of the tenant to replace certain items:
- The tenant agrees:
16.4 that it is the tenant’s responsibility to replace light globes and batteries for smoke detectors on the residential premises.
New South Wales Fair Trading have an information sheet that sets out the responsibilities of landlords for the installation and maintenance of smoke alarms in their rental properties and it is a valuable resource so that all landlords to ensure they understand their responsibilities.
Further responsibilities of landlords and tenants under the Residential Tenancies Act 2010 are:
- Landlords have the right of access to rented premises to fit or maintain smoke alarms after giving the tenant at least 2 days notice.
- Neither the landlord nor the tenant are, except with reasonable excuse, permitted to remove or interfere with the operation of a smoke alarm fitted in the rented premises.
- Where a smoke alarm is of the type that has a replaceable battery, it is recommended that the landlord put a new battery in at the commencement of a tenancy.
- After the tenancy begins, the tenant is responsible for replacing the battery if needed. Fire and Rescue NSW can assist elderly tenants or those physically unable to change a smoke detector battery.
- The condition report includes a specific reference to smoke alarms so that tenants and landlords (or their agent) are able to note and comment on the presence of smoke alarms at the beginning and end of the tenancy.
The Act no longer states that it is a responsibility of the landlord to change the batteries of the smoke detectors at the beginning of each tenancy, however as a matter of good practice it would be advisable for the property manager to enforce this as standard. You just never know if the tenants are actually upholding their end of the bargain.
And good luck with all your property dealings this week.
For more information download the NSW Fair Trading Factsheet.