Fire alarm que: who is responsible

[donkey]

I am a LL and have a residential tenant in my house.

The tenants recently changed and the PM suggested that the fire alarm should be tested and new battery put in by the electrician when he was due to go there- to fix a sensor light and other things. The electrician forgot to do it as Ive just received his bill and no mention of it.

My question is.... is the PM responsible for this i.e. to change the battery on the fire alarm every year. Is the onus on the agent?

Knowing how much litigation there is in oz now should I request the PM to call the electrician to head back out to resolve?

Or should I do nothing as the thing is probably working and I have adequate building insurance and public liability ins

thanks

 

[moyjos]

Was the electrician asked to change the smoke alarm battery while he was there? If so...get him to go back and do it WITHOUT any travel charges etc.

As tradies..if we are asked to do something and dont it is up to us to rectify.

Good luck

 

[priscilla]

The onus is on the Landlord to maintain the smoke alarm - including changing the batteries and testing prior to a new tenant moving in. The PM's job is to ensure the Landlord knows this is their resposibility and where required to engage tradespeople to undertake this work.

I would definately have the electrician go back and ensure the alarm is working properly and is not past its use by date etc.

Would not rely on iinsurance as if your house had a fire and your smoke alarm was not complaint with the legislation as it is 'probably working' - the insurance company could possibly have an argument not to pay your claim.

 

[Perp]

is the PM responsible for this i.e. to change the battery on the fire alarm every year. Is the onus on the agent?

No, the onus is always on the landlord.

Or should I do nothing as the thing is probably working and I have adequate building insurance and public liability ins

Would not rely on iinsurance as if your house had a fire and your smoke alarm was not complaint with the legislation as it is 'probably working' - the insurance company could possibly have an argument not to pay your claim.

I agree with priscilla, but would put it more strongly. The first thing the insurance company will want is a record of you having fulfilled your obligation to test the alarm and replace the battery prior to the latest tenant having moved in. If you can't provide it, your insurance will be invalidated.

 

[vaughan]

The onus is on the Landlord to maintain the smoke alarm - including changing the batteries and testing prior to a new tenant moving in. The PM's job is to ensure the Landlord knows this is their resposibility and where required to engage tradespeople to undertake this work.

It probably varies from state to state, but in NSW the landlord is responsible for a ensuring there is a working smoke alarm at the beginning of the tenancy. The tenant is responsible for maintaining the smoke alarm during the tenancy.

http://www.tenants.org.au/factsheet-20-smoke-alarms

 

[Perp]

It probably varies from state to state, but in NSW the landlord is responsible for a ensuring there is a working smoke alarm at the beginning of the tenancy. The tenant is responsible for maintaining the smoke alarm during the tenancy.

http://www.tenants.org.au/factsheet-20-smoke-alarms

Priscilla specified "prior to a new tenant moving in".