Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016

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Subpart 2—Tenants’ responsibilities

9 Tenants to replace worn-out smoke alarm batteries: tenancies other than boarding house tenancies


The requirement set out in subclause (3) is imposed on all tenants for the purposes of section 40(1)(ca) of the Act.


The requirement applies to a smoke alarm that is installed at the premises if—


the alarm requires batteries for any purpose and is not a hard-wired alarm; and


the alarm is a qualifying smoke alarm (with all necessary compliant batteries in accordance with regulation 7(2)(a))—


at the commencement of the tenancy, if the alarm is installed as at the commencement of the tenancy; or


upon the completion of the original installation of the alarm, if that occurs after the commencement of the tenancy.


While the smoke alarm remains installed at the premises during the tenancy, the tenant must replace, with a compliant battery, any battery contained in the alarm that becomes worn out, but only if the alarm—


would be a qualifying smoke alarm but for the battery being worn out; and


is designed to permit the replacement of the battery.


Where the tenant is required to replace a worn-out battery by subclause (3), the landlord is not in breach of regulation 5(4), (6), or (8) just because the battery is worn out or has not been replaced with a compliant battery.


Except as set out in subclause (4), nothing in this regulation affects the requirements set out in regulation 5(4), (6), and (8).