From 23 March 2020, NSW landlords and agents need to ensure that smoke alarms installed in rented properties are in working order.
The details on when a landlord must repair or replace a battery-operated or hardwired smoke alarm, and when a tenant may repair or replace a smoke alarm, is in the new Regulation. The provisions allowing landlords to enter the property without consent have been extended to specifically include inspecting or assessing the need for repairs to, or replacement of, a smoke alarm if proper notice has been given to the tenant.
Information for landlords
To ensure smoke alarms installed in the rented property are in working order, a landlord must:
- carry out annual checks to ensure all smoke alarms installed at the property are in working order
- replace a removable battery in all smoke alarms in the period specified by the smoke alarm manufacturer (for a removable lithium battery), or otherwise annually
- repair or replace a smoke alarm that is not working within 2 days of becoming aware that it is not working
- replace a smoke alarm with a new smoke alarm within 10 years from the manufactured date, or earlier if specified by the smoke alarm manufacturer.
Requirements for landlords and agents
Where a smoke alarm is not in working order, landlords and agents must ensure the alarm is repaired (this includes replacing a battery) within 2 business days.
Landlords and agents must check smoke alarms every year to ensure they are working.
Landlords and agents must ensure:
- smoke alarms are replaced within 10 years of manufacture, or earlier if specified by the manufacturer
- batteries are installed or replaced every year (or for lithium batteries, in the period specified by the manufacturer).
Landlords and agents must give at least 2 business days’ notice to inspect or assess the need for smoke alarm repair or replacement, and at least 1-hour notice to carry out repair or replacement of a smoke alarm.
Information for tenants
Tenants need to notify the landlord if a repair or a replacement to a smoke alarm is required, including replacing a battery in a smoke alarm.
A tenant can choose to replace a removable battery in a smoke alarm, but they need to notify the landlord if and when they do this. A tenant may only repair or replace a smoke alarm if the landlord does not repair or replace a smoke alarm within the prescribed time (as detailed above). Tenants are entitled to reimbursement for the costs of a repair or replacement of a smoke alarm if they provide appropriate evidence. These provisions do not apply to social housing tenants.
Requirements for tenants
Tenants must notify their landlord or agent if they discover that a smoke alarm is not working (this includes when the battery needs to be changed).
Tenants must notify their landlord when they change a battery in a smoke alarm or engage a licensed electrician to repair or replace an alarm. The different circumstances where a tenant can change a battery or engage a licensed electrician are provided in the table below. This does not apply to social housing tenants.
Battery – Powered Alarms
Hard-Wired Alarms
Reimbursement for repairs:
A tenant is entitled to reimbursement within 7 days after giving written notice of relevant expenses. The notice must detail the nature and cost of repairs together with copies of receipts or invoices. This does not apply to social housing tenants.
Our next topic will cover changes to minimum standards to be ‘fit for habitation’.
Stay tuned.
SCA (NSW), are here to help our members transition to the new laws.
If you would like to read about all the changes for tenants and landlords alike, please visit the Department of Fair Trading’s website here.