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Landlord Obligations

Landlord Obligations

Mains Powered Smoke Alarms

At the beginning of a tenancy, owners must ensure that:

  • Alarms are connected to mains power;
  • Back-up batteries are installed;
  • Back-up batteries have not reached theri expiry date and will no do so within 30 days of the tenancy commencing;
  • Back-up batteries function effectively;
  • Alarms are free from dust and debris;
  • Alarms function effectively; and
  • Alarms have not reached their expiry date.

During the period of a tenancy, owners must ensure that back-up batteries for mains powered alarms are replaced if the batteries:

  • Have not been replaced for 12 months or more;
  • Have reached their expiry date; or
  • No longer function effectively or at all

10-Year non removeable battery alarms

At the beginning of a tenancy, owners must ensure that all alarms:

  • Are free from dust and debris;
  • Function effectively; and
  • Have not reached their expiry date

During the period of a tenancy, owners must ensure that batteries for 10-year non-removeable alarms are replaced if they:

  • Have been in use for more than 10 years;
  • Have reached theier expiry date; or
  • No longer function effectively at all

Repair of all types of alarms

Owners must ensure that smoke alarms are repaired or replaced as soon as practible after becoming aware that the alarm has reached its expiry date or no longer functions effectively. Under the Residential Tenancy Act 1997, property owners will need to give atleast 24 hours' notice before entering the premises to undertake any maintenance of or repairs to smoke alarms.

 

Landlord Obligations


Removable battery alarms 
At the beginning of a tenancy, owners must ensure that: 
  Alarms function effectively; 
  Batteries are installed; 
  Batteries have not reached their expiry date and will not do so within 30 days of the tenancy commencing;
  Alarms have not reached their expiry date; and 
  Alarms are free from dust and debris. 
Mains powered smoke alarms 
At the beginning of a tenancy, owners must ensure that: 
  Alarms are connected to mains power; 
  Back-up batteries are installed; 
  Back-up  batteries  have  not  reached  their  expiry  date  and  will  not  do  so  within  30 days of the tenancy commencing;
  Back up batteries function effectively; 
  Alarms are free from dust and debris; 
  Alarms function effectively; and 
  Alarms have not reached their expiry date. 
During the period of a tenancy, owners must ensure that back-up batteries for mains powered alarms are replaced if the batteries:
  Have not been replaced for 12 months or more; 
  Have reached their expiry date; or 
  No longer function effectively or at all.   
10-year non-removable battery alarms 
At the beginning of a tenancy, owners must ensure that all alarms: 
  Are free from dust and debris; 
  Function effectively; and 
  Have not reached their expiry date. 
During the period of a tenancy, owners must ensure that batteries for 10-year non-removable alarms are replaced if they:
  Have been in use for more than 10 years; 
  Have reached their expiry date; or 
  No longer function effectively or at all. 
Repair of all types of alarms 
Owners  must  ensure  that  smoke  alarms  are  repaired  or  replaced  as  soon  as  practicable after becoming aware that the alarm has reached it expiry date or no longer functions effectively.
The  only  exception  is  where  the  alarm  fails  to  function  effectively  due  to  the  failure  of removable batteries or the main power supply, the tenant is responsible for correcting these problems. Under the Residential Tenancy Act 1997, property owners will need to give at least 24 hours' notice before entering the premises to undertake any maintenance or repairs to smoke alarms.

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.