Smoke alarms

In New South Wales it’s mandatory for landlords and proprietors to install and maintain smoke alarms. While these are a necessary safety device, renters can experience expensive problems with alarms that go off by mistake or make strange sounds.

Smoke alarms can be hard-wired or battery operated. Alarms can be highly sensitive and may be triggered by a small amount of smoke from the kitchen or steam from the bathroom. When triggered, hard-wired alarms, such as those in student accommodations, can alert the fire brigade to attend and the cost of the fire brigade may be charged to the renter.

Landlord responsibilities

It is a term of every type of lease agreement that a landlord must install and maintain smoke alarms. The landlord or proprietor can install either a hard-wired alarm or a battery-powered alarm. The alarms must be located on or near the ceiling in every corridor associated with a bedroom.

You can apply to the NSW Civil and Administrative Tribunal (NCAT) for a landlord or proprietor to install smoke alarms, to get smoke alarms repaired and maintained, for a landlord or proprietor to stop interfering with the operation of a smoke alarm, and to be reimbursed for your expenses to maintain a smoke alarm. If you want to apply to NCAT, contact us for help.

What can you do?

Be prepared. At the start of your lease, check where the smoke alarms are located and if they seem to be in good working order. Smoke alarms may be mentioned in your agreement so make sure you read and understand the clauses.

If you have a residential tenancy agreement, smoke alarms will be mentioned in clauses 42–44 and in the condition report. Always check what the landlord says about the smoke alarms in the condition report.

Importantly, regardless of your type of agreement, check if the alarms can be disarmed or turned off in case they go off by mistake. If you are not sure what the clauses mean, ask a SUPRA caseworker.

When cooking, make sure you use an extractor fan or ceiling vent if you have them, or open windows. This should ensure that smoke and steam go outside and not towards the smoke alarms.

When taking a shower, use an exhaust fan or open a window (even partially) to ensure steam can escape outside the building.

If a battery-powered smoke alarm goes off by mistake you can usually disarm it by pressing a button on the alarm. If you can’t reach the alarm, opening nearby doors and windows and manually moving the smoke or steam away from the smoke detector can stop the alarm. If a hard-wired alarm goes off, you may or may not be able to disarm it yourself. If you can’t disarm it, don’t attempt to uninstall it.

If you trigger a smoke alarm by mistake and the fire brigade is sent out, your landlord may send you the bill or seek reimbursement from you. For advice on how to respond, contact SUPRA for help.

If you’re a tenant and a smoke alarm is malfunctioning or isn’t working, you must tell the landlord/agent.

If you need help

If you have a smoke alarm problem or dispute and you’re not sure what to do, a SUPRA caseworker can help you. Contact us for help.

Disclaimer

This information is current as of November 2024 and is intended as a guide to the law as it applies to people who live in or are affected by the law as it applies in NSW. It does not constitute legal advice.

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Written by SUPRA Postgraduate Advocacy Service and Legal Service November 2024.