New smoke alarm obligations for landlords from 23 March 2020

All NSW landlords will need to ensure that smoke alarms installed in the rented property are in working order. A penalty will apply for landlords who fail to comply.

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 existing provision that allows landlords to enter the property without consent has 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
• If 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.

Information for tenants

Tenants will 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 will need to notify the landlord if and when they do this.

A tenant may only repair or replace a smoke alarm if the landlord fails to 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.

A smoke alarm safety checklist and more information to ensure compliance with the new obligations will be provided before the new laws start.