The new Residential Tenancies legislation will be implemented on the 23rd March 2020. To continue our breakdown of some of the major changes to this legislation, this fortnight in our College Chronicle, we will look at who can repair or replace a smoke alarm or change a battery in a tenancy. These issues relate specifically to clauses 13 to 21 in Part 3 of the Residential Tenancies Regulation 2019.
From 23 March 2020, NSW landlords and agents need to ensure that smoke alarms installed in rented properties are in working order. The new requirements for landlords and agents include:
landlords and agents must give at least two (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.
The requirements for tenants under the new Regulations coming into effect on Monday 23rd March 2020, are:
There are specific responsibilities for certain types of smoke alarms. There is a detailed table of information on the NSW Fair Trading website at the link – https://www.fairtrading.nsw.gov.au/about-fair-trading/legislation-and-publications/changes-to-legislation/new-residential-tenancy-laws/key-changes-to-smoke-alarm-requirements-for-rented-homes
Basically, the NSW Fair Trading table details the requirements that form part of the Residential Tenancy Agreement, (as seen in the standard form agreement included in the NSW Residential Tenancies Regulation 2019), that the agent (on behalf of the landlord) must indicate on the tenancy agreement the following:
It is essential that if you work in residential property management, that you have a detailed look at the new standard form of the Residential Tenancy Agreement and the Condition Report and ensure that the processes in your agency meet all of the new requirements.