Smoke Alarms….it’s a hot topic

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:

• where a smoke alarm is not in working order, landlords and agents must ensure the alarm is repaired (this includes replacing a battery) within two (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 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:

• 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.

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:

• whether the smoke alarms that are installed in the managed property are hardwired or battery operated
• if the smoke alarms are battery operated, the agreement needs to indicate if the batteries in the smoke alarms are of a kind that the tenant can replace themselves. If the batteries are of a type that the tenant can replace, the agreement needs to detail the type of battery in the smoke alarm
• if the smoke alarms are hard-wired, the agreement needs to note if the back-up batteries in the smoke alarms are of a kind that the tenant can replace themselves. If the batteries are of a type that the tenant can replace, the agreement needs to detail the type of battery in the smoke alarm

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.