Whose job is smoke alarm maintenance in a NSW rental?

The landlord is primarily responsible for smoke alarms in a NSW rental — installation, repair, and replacement are their duties. Tenants have a smaller but specific role: report faults, follow the rules if you step in to help, and never tamper with an alarm.

Smoke alarms save lives. NSW law spells out who must do what, so there is no room for confusion between landlord and tenant. The rules are mostly in section 64A of the Residential Tenancies Act 2010 and clauses 13–21 of the Residential Tenancies Regulation 2019.

What the landlord must do

Under section 64A of the Residential Tenancies Act 2010, a landlord must ensure a smoke alarm installed in the rental is repaired or replaced in accordance with the regulations. Failing to do this carries a maximum penalty of 20 penalty units.

Respond quickly to faults. Once a landlord knows a smoke alarm is not working, they must repair or replace it within 2 business days (clause 14 of the Residential Tenancies Regulation 2019). This applies whether the landlord does the work themselves or arranges for someone else to do it.

Replace ageing alarms. The landlord must replace any smoke alarm within 10 years of the date it was manufactured, or earlier if the manufacturer specifies a shorter life (clause 20(a)). The manufacture date is usually printed on the base of the alarm.

Maintain the battery. For a removable non-lithium battery, the landlord must install or replace it annually (clause 20(b)). For a removable lithium battery, the replacement period is whatever the manufacturer specifies.

Give notice before entering. Before coming into the property to inspect or assess a smoke alarm, the landlord must give at least 2 business days’ notice. Before entering to actually carry out repairs or replacement, at least 1 hour’s notice is required (clause 13).

What the tenant must do

Tenants do not have a general maintenance obligation for smoke alarms. But the law does require certain actions.

Report faults to the landlord. If you notice a smoke alarm is not working, tell the landlord straight away. The landlord’s 2-business-day repair clock only starts running once they know about the problem.

Do not remove or tamper with the alarm. Section 66 of the Residential Tenancies Act 2010 prohibits tenants from installing or removing fixtures without the landlord’s written consent, and unauthorised removal of a smoke alarm falls into that category. There is one narrow exception: if you replace a smoke alarm under the self-help provisions in clauses 15, 16, or 17 and install it in accordance with the manufacturer’s instructions, clause 19 of the Regulation exempts you from section 66 for that replacement.

Follow the rules if you replace a battery. You are allowed to replace a removable battery in a battery-operated alarm (clause 15(1)(a)). But the process has steps under clause 15(2):

• Notify the landlord that you intend to replace the battery.
• Replace it within 2 business days of that notification.
• Notify the landlord within 24 hours of completing the replacement.

If you do not follow these steps — or if the 2-business-day window passes without you telling the landlord it is done — the landlord must step in and replace the battery within 2 business days of becoming aware (clause 15(3)).

What happens if the landlord does not fix a faulty alarm?

The law creates a self-help pathway for tenants. The specific options depend on whether the alarm is battery-operated or hardwired.

Battery-operated alarms (clause 16)

If you have notified the landlord of a fault and the landlord has failed to replace the battery or the alarm within the required timeframe, you may carry out the repair yourself. You can replace the battery or, if the whole alarm needs replacing, replace the alarm. After completing the repair, you must notify the landlord or their agent in writing within 24 hours.

Hardwired alarms (clause 17)

For hardwired alarms, the rules are stricter. If the landlord has failed to act after you have reported the fault, and the premises are not part of a strata scheme, you may arrange the repair — but only by engaging a licensed electrician (called an “authorised electrician” in the Regulation). You can also replace a removable back-up battery yourself. Again, notify the landlord in writing within 24 hours.

Getting your money back (clause 18)

If you carry out or arrange a repair under clauses 15, 16, or 17, you are entitled to reimbursement from the landlord within 7 days of giving the landlord written notice. That notice must include details of the repair, the cost, and receipts or invoices. Keep every receipt.

Special situations

Social housing tenants

If your tenancy is a social housing tenancy agreement, the tenant self-help provisions in clauses 15, 16, and 17 do not apply to you. The landlord’s own obligations under those clauses still stand — you just cannot step in and claim reimbursement in the same way.

Strata buildings and owners corporations

If you rent a unit in a strata scheme, the rules can be different. Under clause 21, section 64A of the Residential Tenancies Act 2010 does not apply to the landlord if all of the following are true:

• the premises include a lot in a strata scheme,
• the smoke alarms are either hardwired, or battery-operated and the owners corporation is responsible for their repair and replacement,
• the landlord has told you in writing that the owners corporation is responsible for repair and replacement of the smoke alarms,
• the landlord notified the owners corporation within 24 hours of becoming aware that a repair or replacement is needed, and
• the landlord has taken reasonable steps to ensure the repair or replacement is carried out.

If any of these conditions is not met, section 64A snaps back and the landlord is again directly on the hook. In practice, report a fault in writing to both the landlord and the owners corporation and keep the record.

Practical tips

Test the alarm regularly. The manufacturer’s instructions will tell you how often to test. Monthly testing is common guidance. If it beeps a low-battery warning, report it to the landlord that day.

Put everything in writing. Report faults to the landlord by text, email, or any other written method. If you carry out a repair, send written notice within 24 hours as required. Written records protect you if there is ever a dispute.

Keep your receipts. If you replace a battery or arrange a repair yourself, you need receipts to claim reimbursement under clause 18. The landlord has 7 days to pay once you provide those receipts. Keep copies for yourself.

Check the manufacture date. Look at the base of every smoke alarm in the property at the start of your tenancy. If any alarm is close to or past the 10-year mark, notify the landlord in writing that it may need replacement under clause 20.

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Smoke alarms are not a bureaucratic formality. A working alarm in every room is the difference between waking up in time and not. The paperwork — the written notices, the receipts, the 24-hour notifications — protects you if a landlord is slow to act and the matter ends up at the NSW Civil and Administrative Tribunal.