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.
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.