In rental properties, ensuring the functionality and maintenance of smoke alarms is a key responsibility for landlords. This responsibility cannot be delegated to tenants, as smoke alarms are essential for the safety of the property and its occupants.
Ensuring Smoke Alarms are Working
Landlords are required to ensure that all smoke alarms, including heat alarms, are operational at all times. A smoke alarm is deemed non-functional if it:
- Has been removed and not replaced
- Fails to work due to issues like dead batteries
- Malfunctions as a result of dust, insects, or corrosion of electrical circuitry
It’s the landlord’s duty to make sure these alarms are functioning at all times.
Placement of Smoke Alarms
Smoke alarms must be installed in appropriate locations within the rental property. Landlords are required to place at least one smoke alarm in a hallway outside bedrooms or in other suitable areas on every storey of the home. These alarms must not be removed or disabled under any circumstances.
Repairing or Replacing Smoke Alarms
When a smoke alarm is found to be faulty, landlords must repair or replace it within two business days. This includes replacing any removable batteries. If a tenant reports that the battery is not working, the landlord is obligated to replace it within two business days, unless the tenant notifies them of their intent to handle it themselves. If the landlord discovers that the tenant has not replaced the battery, they must act promptly to rectify the issue.
Regular Maintenance and Inspection
Annual checks are required to ensure smoke alarms are functioning correctly. This includes:
- Replacing removable batteries every year, or as recommended by the manufacturer for lithium batteries
- Replacing smoke alarms within 10 years of manufacture or sooner if specified by the manufacturer
- Providing tenants with two business days’ notice for inspection or assessment of smoke alarms
- Providing tenants with at least one hour’s notice for carrying out smoke alarm repairs or replacements
- Ensuring that a licensed electrician is used for repairing or replacing hard-wired smoke alarms
Exceptions to these rules may apply for properties located in a strata scheme.
Tenants’ Responsibilities for Smoke Alarms
Tenants also play a role in smoke alarm maintenance, although their responsibilities are limited compared to landlords.
Reporting Smoke Alarm Issues
Tenants are required to notify their landlord or property agent if they discover that a smoke alarm is not working, even if it’s just the battery that needs replacement.
Battery Replacement
For removable battery smoke alarms, tenants (except for social housing tenants) may choose to replace the battery. If they decide to do so, they must:
- Notify the landlord that the battery is not working
- Replace the battery within two business days of notifying the landlord
- Inform the landlord within 24 hours of replacing the battery
If the smoke alarm is hard-wired and the landlord or agent fails to repair it within two business days, tenants are allowed to arrange for a licensed electrician to carry out the repair.
Smoke Alarms in Strata Schemes
Special rules apply to rental properties in strata schemes. Landlords must ensure that smoke alarms in these properties are operational. However, there is an exemption from standard smoke alarm requirements if:
- The smoke alarms are either hard-wired or battery-operated, and the owners corporation is responsible for repairs and replacement.
- The landlord has informed the tenant in writing that the owners corporation is responsible for the maintenance of smoke alarms.
- The landlord notifies the owners corporation within 24 hours of discovering that a repair or replacement is needed.
- The landlord takes reasonable steps to ensure the repair or replacement is done.
This exemption ensures that the landlord’s responsibilities do not conflict with existing fire safety regulations within strata schemes.
Reimbursement for Smoke Alarm Repairs
If a tenant arranges for a smoke alarm to be repaired or replaced because the landlord or agent failed to do so within the required time, they are entitled to reimbursement. The landlord must reimburse the tenant within seven days, provided the tenant supplies written notice of the expenses, including the nature and cost of repairs and copies of receipts or invoices. Social housing tenants are excluded from this provision.
Landlords must be proactive in ensuring the safety of their rental properties by keeping smoke alarms in good working order. This involves timely repairs, regular inspections, and clear communication with tenants. While tenants are responsible for reporting issues and, in some cases, replacing batteries, the ultimate responsibility for functional smoke alarms lies with the landlord. Strata properties may have additional requirements, but landlords should always be aware of their duties to maintain a safe living environment for their tenants.
