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Dispelling the smoke alarm compliance myths for landlords

By Michelle Lucas

At Ray White Lower North Shore Group, we believe in transparency and putting tenant safety above all else. One common misconception that often circulates among landlords is the assumption that their strata will take care of their safety and compliance requirements under the Residential Tenancies Act (RTA). However, we’re here to dispel this misconception and shed light on the true responsibilities.

While strata companies do perform annual fire safety checks, it’s essential to recognise that they are not obligated to adhere to the RTA regulations, which landlords and property management agencies are bound to follow. Relying solely on strata annual fire safety checks could result in non-compliance with the RTA and NSW Fair Trading obligations, putting tenants at serious safety risk.

In March 2023, The Real Estate Institute of New South Wales (REINSW) issued a statement highlighting that NSW Fair Trading is conducting compliance audits throughout the state. Landlords and managing agents who fail these audits face fines of $2,200 per property, in addition to the potential cancellation of agent licences.

It’s crucial to understand that most strata annual fire safety checks do not meet the following requirements under the RTA:

  • Annual battery replacement: Strata checks may test smoke alarms but often overlook replacing removable batteries in all smoke alarms.
  • Smoke alarm replacement: The RTA mandates replacing a smoke alarm with a new one within ten years from the manufacture date or earlier if specified.
  • Timely alarm repairs: Landlords must attend to faulty alarms within two business days of becoming aware of a problem.

Therefore, the responsibility to ensure compliance with the mandatory requirements from the RTA falls on the landlord. This includes annual battery changes and maintenance for internal smoke alarms within their property unless they have written confirmation from the Owners Corporation stating otherwise.

At Ray White Lower North Shore Group, we are committed to helping landlords navigate these obligations and safeguard their investment properties. Our experts understand the intricacies of the RTA and can provide guidance to ensure that your property meets the required safety standards. We want to ensure that your investment is both secure and compliant, providing peace of mind to both you and your tenants.

Contact us

For more information on compliance in residential rental properties or to address any questions or concerns, please reach out to our Residential Management teams. We’re here to assist you in ensuring the safety and well-being of your tenants.

Michelle Lucas

Director, Residential Property Management
michelle.lucas@raywhite.com
0403 830 538

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