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Tenant Obligations

Tenant Obligations


Removable battery alarms 
Tenants  must  ensure  that  batteries  for  removable  battery  alarms  are  replaced,  if  the batteries:
  Have not been replaced for 12 months or more since the tenancy commenced; 
  No longer function effectively or at all; or 
  Have reached their expiry date, more than 30 days after the tenancy commenced 

Mains powered smoke alarms and 10 year non-removable battery alarms 
Tenants are not responsible for the replacement of batteries providing back up for mains powered smoke alarms, or in 10 year non-removable battery alarms.

Maintenance and testing of smoke alarms 
During a tenancy, every six months tenants are required to: 
  Test all smoke alarms installed at the premises; and 
  Remove any dust and debris from the smoke alarms. 

Failure or malfunction of a smoke alarm 
Where  a  smoke  alarms  fails  or  malfunctions,  for  reasons  other  than  the  failure  of removable batteries of the mains power supply, a tenant must notify the owner as soon as practicable after becoming aware of the failure or malfunction.

Miscellaneous Provisions 
The   Act   makes   it   an   offence   to   remove,   or   interfere   with   the   operation   of,   a smoke alarm in tenanted property, except where alarms are removed for the purposes of repair or replacement. The Act also imposes penalties for failure to comply with these provisions.
Where it is not practicable to install a smoke alarm on or near the ceiling, the regulations permit a smoke alarm to be installed in a place where it will, if activated, alert people in the property to the presence of smoke.
The Act clarifies that where a rental property is subject to the control of a body corporate under the Strata Titles Act 1998, an owner is not require to obtain permission from the body corporate in order to install a smoke alarm in accordance with the Act.
The Act also authorises the Residential Tenancy Commissioner to make an order requiring a party to a residential tenancy agreement to comply with a provision of the Act.

Please Note  The information in this document is correct as at 5 April 2013. 
The  information  provided  here  is  general  in  nature  and  does  not  constitute  legal  advice.  No responsibility is accepted for any errors or omissions it may contain. For precision, reference should be made to the Residential Tenancy Amendment (Smoke Alarms) Act 2012 and the Residential Tenancy (Smoke Alarm) Regulations 2012.