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  • REIV 01 Dec 2004

    A Cautionary Tale about Smoke Alarms

    During the past week HOTP took a call from an agent who had a worrying story about smoke alarms. The agent manages a number of flats. The flats are fitted with smoke alarms which comply with Australian standards. There was a fire. A tenant suffered horrific burns.

    One of the consequences of this tragedy was a negligence claim against the agent, amongst others. The injured tenant alleged a smoke alarm didn’t work because the agent had failed to maintain it. As a result, the agent was in breach of his duty of care. The tenant chose to have his claim tried by a judge and jury.

    Despite being able to produce evidence that the alarm was fitted with a new battery and was working when the tenant moved in, that the tenant had signed an acknowledgement to this effect, and that the fire was caused by the tenant’s negligence, the agent chose to settle out of court.

    If the claim had proceeded to trial, the jury would have to choose between conflicting evidence. There could be no certainty whose evidence might be accepted. But on each day of the trial, the jury would gaze at the scarred tenant.

    There is a message in this litigation. The Building Regulations place the onus on the property owner to ensure complying smoke alarms are fitted in dwellings. Via a managing authority, an agent accepts contractual responsibility for ensuring smoke alarms comply with Australian standards.

    It must be a given of property management that before a tenant moves in smoke alarms are checked and replaced, if necessary. If the alarms are not hard wired, new batteries must be installed, and the alarms tested. The condition report must state these things have been done and the date. The tenant should initial beside these items in the report. This procedure should be followed without exception each time the premises are let.
    A competent property manager will ensure there is a notice in the flat advising the new tenant these procedures have been attended to and when. The notice should advise the tenant to contact the managing agent immediately if there is a problem with the smoke alarms. It is probably a wise precaution to obtain an acknowledgement from the tenant of receipt of the notice.

    Ongoing maintenance and inspection of smoke alarms needs to be treated seriously. More seriously than leaving it to a tenant. Managing agents need to consider arranging for a contractor to regularly check alarms and, as a matter of routine, replace batteries when a check is carried out. Appropriate, dated, reports should be on the property file. The contractor should leave a notice with the tenant advising the date of inspection and what has been done. The notice should advise the tenant to contact the agent immediately if there is a problem with the smoke alarms. These precautions may help you avoid a negligence pay-out.


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Here are some answers to the most commonly raised questions:


1. Important information to know about smoke alarms:

  • the REIV says it is the landlords responsibility to make sure smoke alarms are correctly operational.
  • there are building regulations relating to the placement of alarms
  • alarms must be replaced periodically when not working or if their expiry date is exceeded
  • having a contracting company ensures the alarms are correctly serviced and the above issues are addressed
  • the service ensures their tenants are protected and demonstrates that they are being responsible for their duty of care to their tenants

2. Is a landlord obliged to have their smoke alarms maintained by a contractor?

  • The landlord is obliged to ensure their premises comply with relevant building codes, including the correct installation of smoke alarms.
  • The REIV recommend that the smoke alarms in rental properties be regularly maintained by a contractor.

3. Why do smoke alarms need maintenance and replacement?

  • Smoke alarms have expiry dates indicating when they need to be replaced (at most, every 10 years but earlier in some instances)
  • Periodic maintenance is needed to ensure correct operation for the purpose of smoke detection and to ensure the alarms operate as intended by the manufacturer. Dust, small bugs etc. can render smoke alarms much less effective in detecting smoke.

4. How many smoke alarms does a residential property need?

  • By law, every residential property must have smoke alarms installed. How many smoke alarms will depend on the floor plan of each property, the property construction type and how many levels the property has.

5. Who is responsible for smoke alarms and their maintenance within rental properties?

  • Both the REIV and the Building Commission identify the Landlord is responsible for the installation of smoke alarms and their maintenance – not the tenant
  • A property manager may potentially take on some of this responsibility when listing/leasing a property on behalf of the landlord.
  • This service is designed with risk management/minimization in mind.

6. Why should the service be implemented into a real estate rent roll?

  • It was announced in 1997 every residential property in Victoria must have smoke alarms installed.
  • 10 years have past since the introduction of this law, resulting in many existing smoke alarms in rental properties being past their expiry date
  • To help with risk management within your rent roll

7. What if a tenant refuses entry :

  • all Smarthouse Fire Solutions technicians wear an id tag, a cap and a top with the Smarthouse Fire Solutions logo
  • the service will only take between five and ten minutes
  • a specific appointment time is made with the tenant to avoid tenants waiting for an extended period of time
  • appointment times are flexible

8. How often is the service conducted?

  • The service is conducted annually.

9. Does the service apply to 240 Volt, hard-wired smoke alarms?

  • Yes. 240 Volt smoke alarms contain back-up batteries that must be replaced, and they must be cleaned and tested in the same manner as 9 Volt battery operated alarms. 240 Volt smoke alarms also have expiry dates after which they must be replaced.

10. When will a new smoke alarm be installed?

  • Only where an existing alarm does not operate (ie. is faulty), exceeds its expiry date or where no alarm exists and one is required.

11. What type of smoke alarms will be installed?

  • We use Ionisation and Photoelectric smoke alarms which are standard for most residential applications.

12. Is Smarthouse Fire Solutions insured for public liability and professional indemnity?

  • Yes.

13. How is private information handled?

  • Any information provided by an agent is held in the strictest confidence and under no circumstances is given to external parties.

14. Are Smarthouse Fire Solutions staff trained?

  • All Smarthouse Fire Solutions staff are extensively trained, constantly tested and kept up to date with any changes.