20Reimbursement of tenant for repairs

20 Reimbursement of tenant for repairs

(1)  If a smoke alarm installed in tenanted premises is not repaired as soon as practicable after the tenant notifies the owner in accordance with regulation 17(4) , the tenant may arrange for the repair or replacement of the smoke alarm.

(2)  A tenant must notify the owner of tenanted premises if the tenant intends to arrange for the repair or replacement of a smoke alarm and to seek reimbursement for that repair or replacement.

(3)  Subject to subregulation (5) , if a tenant of tenanted premises pays for the repair or replacement of a smoke alarm arranged under subregulation (1) , the tenant is entitled to reimbursement from the owner of the premises within 14 days after giving notice to the owner of the relevant expenses.

(4)  A notice under subregulation (3) must include details of the nature and cost of repairs together with copies of any relevant receipts or invoices.

(5)  The owner of tenanted premises is not required to reimburse a tenant under subregulation (3) , in respect of the repair or replacement of a smoke alarm under subregulation (1) , if –

(a) the owner was not notified by the tenant, as required under regulation 17(4) , that the smoke alarm was not functioning effectively; or

(b) the need to repair or replace the smoke alarm is –

(i) the fault of the tenant; or

(ii) a consequence of damage to the smoke alarm that was caused by a third party who was on the premises with the consent of the tenant; or

(iii) a result of the tenant's non-compliance with a provision of the residential tenancy agreement.