16Failure of landlord to fix battery-operated smoke alarm

16 Failure of landlord to fix battery-operated smoke alarm

16 Failure of landlord to fix battery-operated smoke alarm

(1) This clause applies if—

(a) a tenant has notified the landlord that a battery-operated smoke alarm is not working, and

(b) the landlord has failed to replace a removable battery in the smoke alarm, or replace the smoke alarm, in accordance with clauses 14 and 15, and

(c) if the premises comprise or include a lot in a strata scheme—the tenant has not been notified that the owners corporation of the strata scheme is responsible for the maintenance of smoke alarms in the residential premises.

(2) For the purposes of section 64A(2) of the Act, the tenant may do any thing a landlord is authorised to do under clause 15(1)(a) in relation to the smoke alarm.

(3) The tenant must, by written notice, notify the landlord or the landlord’s agent within 24 hours of the repair or replacement being carried out under this clause.

(4) A reference in this clause to a tenant does not include a tenant of a social housing tenancy agreement.

cl 16: Am 2020 (560), Sch 1[4]–[7].