In most states across Australia, smoke alarms complying with Australian Standards must be fitted in all rental properties and in accordance with the Building Code of Australia.
What are the landlord’s responsibilities for Smoke Alarms?
- Landlords have the right of access to rented premises to fit smoke alarms after giving the tenant at least two days' notice.
- Landlords must give their tenants the manufacturer’s instructions on how to clean, test and replace batteries for smoke alarms (in SA it is the landlord’s responsibility to clean, test and replace batteries unless otherwise stated in the Tenancy Agreement).
- Landlords are responsible for supplying the smoke alarm(s) and for their installation. You will also be required to install a new battery for each smoke alarm at the commencement of each new tenancy.
- The landlord is responsible for the replacement of batteries in ‘hard-wired’ smoke alarm systems that have battery back-up.
- At no time can the landlord remove or relocate the smoke alarm unless it is being replaced or maintained.
- At no time can the landlord do anything to interfere with the alarm’s warning sound.
- At no time can the landlord remove the batteries unless they are replacing them.
- The condition report section of the tenancy agreement must include a specific reference to smoke alarms so that tenants and landlords are able to note and comment on the presence of smoke alarms at the beginning and end of the tenancy.
What are the tenant’s responsibilities for Smoke Alarms?
- Tenants are responsible for cleaning, testing and the replacement of batteries in battery powered smoke alarms (Except SA, Landlords are responsible unless otherwise stated in the Tenancy Agreement).
- At no time can a tenant remove or relocate the smoke alarm or do anything to interfere with the alarm’s warning sound.
- At no time can the tenant remove the batteries unless they are replacing them.
- If the tenant is physically unable to change the battery the tenant is required to notify the landlord as soon as practicable after becoming aware of the need for it to be replaced.