Smoke alarm rules for NSW rentals: what landlords must do
Most owners assume that once a working smoke alarm is on the ceiling at move-in, the rest is the tenant's problem. Since 23 March 2020, that is not how NSW law reads. Keeping the alarms working, testing them, changing batteries and replacing old units, sits with the landlord. Here is what the rules actually require, for both sides of the lease.
What changed in 2020
Smoke alarms have been mandatory in NSW homes for years. What changed on 23 March 2020 is who has to keep them working in a rental. From that date, the landlord carries the ongoing duty: testing, batteries and replacement are the owner's responsibility, not something that quietly transfers to whoever is living there. Handing over a working alarm at the start of a tenancy is no longer the end of the obligation. It is the start of it.
What the owner must do
The duty breaks down into four practical jobs:
- Check the alarm works when a new tenancy begins. Before a tenant moves in, the alarm is tested so day one is covered.
- Replace the battery every year. For alarms with a removable battery, that is an annual change. For a sealed ten-year lithium alarm, the whole unit is replaced in line with the manufacturer rather than the battery on its own.
- Replace any alarm that is more than ten years old. Every alarm carries a use-by. Past it, the unit is changed regardless of whether it still chirps.
- Repair a faulty alarm within two business days. Once the owner or agent is told an alarm is not working, they have two business days to fix or replace it.
A landlord also cannot remove or interfere with a working alarm, and needs to give the tenant notice before entering to service one, unless it is an emergency. None of this is onerous when it is tracked. It becomes a problem only when nobody is holding the calendar.
Not sure how this plays out for your property? A quick call gives you a straight answer.
What the tenant must do
The tenant's side is short. Tell the agent or owner as soon as an alarm is not working, and that includes a flat battery or an alarm that has been beeping. A tenant also must not remove or disconnect a working alarm.
There is a backstop if the owner goes quiet. If a tenant reports a fault and the owner does not act, the tenant can arrange the repair or replacement themselves and be reimbursed within seven days of giving the owner written notice and the receipt. As with any self-help right, it protects the tenant who asked and got no answer, not the tenant who never raised it.
What happens when an alarm fails
In practice it should run in three steps. The tenant reports the silent alarm or flat battery to the agent. The owner acts within two business days, on the owner's account. If that does not happen, the tenant can arrange the fix and claim it back within seven days. A well run management process almost never reaches step three, because the fault is booked to a trade the day it is reported.
If a smoke alarm stops working
- Tenants: tell your agent straight away, a flat battery included
- Owners: you have two business days to repair or replace once told
- Batteries are replaced yearly, or the sealed ten-year unit per its spec
- Any alarm over ten years old is replaced outright
- If the owner does not act, a tenant can fix it and be reimbursed within 7 days
What we handle for you
At The Gallery every alarm has a date we track: when it was installed, when the battery is due and when the unit ages out. We test on schedule and, if a tenant ever reports a fault, we book the trade the day we hear about it, well inside the two business day window. The owner never has to remember a battery, and never has to find out a deadline existed after it passed.
A note. This article is general information about NSW tenancy law, not legal advice. Rules change and individual situations differ. Check the current guidance at NSW Fair Trading or seek formal advice before acting.
Want compliance handled without holding the calendar?
If you own an investment property and want the safety and paperwork side run properly in the background, book a quick call with Thomas and we will walk through how we do it.