Rental First
Landlords will need to ensure smoke alarms installed in rented properties are working, as part of key changes to tenancy laws which start on 23 March 2020.
Landlords and managing agents need to be aware of the new changes –
Landlords or agents must:
- Ensure a smoke alarm is repaired or replaced within 2 business days of finding out it’s not working – this includes replacing a removable battery
- Check smoke alarms every year to ensure they are working
- Install or replace removable batteries every year (or for lithium batteries, in the period specified by the smoke alarm manufacturer)
- Replace smoke alarms within 10 years of manufacture, or earlier if specified by the smoke alarm manufacturer
- Give the tenant at least 2 business days’ notice to inspect or assess the need for a smoke alarm repair or replacement
- Give the tenant at least 1-hour notice to carry out a repair or replacement of a smoke alarm
- Use a licensed electrician to repair or replace a hard-wired smoke alarm
- Reimburse the tenant within 7 days if the tenant has paid for the smoke alarm to be repaired or replaced. The tenant needs to give the landlord or agent written notice of relevant expenses, including the nature and cost of repairs together with copies of receipts or invoices. This does not apply to social housing tenants.
There are also new requirements for tenants:
- Tenants must notify their landlord or agent if they discover that a smoke alarm is not working, even if it’s because the battery needs to be changed
- There are different circumstances in which a tenant (but not a social housing tenant) can change a battery or repair or replace a smoke alarm in a tenancy:
- Tenants can choose to replace a removable battery in a smoke alarm, but they will need to notify their landlord or agent if and when they do this
- For other repairs, or to replace a smoke alarm:
- Tenants may replace a battery powered smoke alarm if their landlord or agent does not repair or replace the smoke alarm within 2 business days
- Tenants may arrange for a hard-wired smoke alarm to be repaired or replaced if their landlord or agent does not complete this work within 2 business days. They must use a licensed electrician to carry out the work
- Tenants are entitled to reimbursement for the costs of a repair or a replacement of a smoke alarm if they provide appropriate evidence to the landlord or agent. This does not apply to social housing tenants.
There are some exceptions to these requirements for residential property in a strata scheme. More information on the smoke alarm requirements, including who can repair or replace a smoke alarm or change a battery, and requirements relating to properties in strata schemes is available https://www.fairtrading.nsw.gov.au/