Smoke alarms are one of the most crucial safety features in any home, significantly reducing the risk of injury or death in a fire.

New Zealand law requires smoke alarms in rental properties, with clear guidelines for landlords and tenants. But who’s responsible for ensuring they are in working order: landlords, tenants or property manager?

This article clarifies who holds responsibility and why property managers don’t perform this crucial task.

Legal Framework

The 2016 Residential Tenancies Regulations outline rules for installing and maintaining smoke alarms in rental properties. Under this legislation, landlords are ultimately responsible for ensuring smoke alarms are installed and functional at the beginning of each new tenancy. This includes ensuring alarms meet the New Zealand standards.

Landlords must install photoelectric smoke alarms hardwired or powered by a long-life battery. Alarms must be located within three metres of each bedroom or sleeping area and on every level of the property. Before a tenancy starts, landlords must test all alarms and replace non-functional ones with compliant models.

Once the tenancy has begun, the responsibility for maintaining smoke alarms shifts mainly to the tenant. While landlords are responsible for initial installation and testing, tenants are required to replace batteries in battery-operated alarms during the tenancy.

Tenants must also notify the landlord if there are issues with alarms, such as malfunction or if the alarm needs replacing. Importantly, tenants are also prohibited from tampering with or removing smoke alarms. They must ensure the alarms remain in place and functional throughout their tenancy.

Role Of Managers

Property managers serve as intermediaries between landlords and tenants, ensuring the property is maintained in accordance with the law. However, it’s not their legal responsibility to physically test smoke alarms in rental properties, and there are various reasons for this.

Legal liability: Property managers do not take on the responsibility for testing smoke alarms because it opens a significant area of legal liability.

Smoke alarms are a critical safety feature and any oversight in their maintenance could lead to severe consequences. Managers could be liable for damages if they assumed this responsibility and failed to ensure compliance.

Practicality: Property managers oversee many rental properties, often handling multiple clients and properties simultaneously. Expecting managers to test smoke alarms in every property at regular intervals would be physically impractical in terms of time and resources. Instead, many managers arrange for third-party services, such as SATS (Smoke Alarm Testing Services), to handle this responsibility. These providers are specialists who ensure all properties remain compliant with legislation, taking the burden off the landlord and the property manager.

Specialisation: Testing and maintaining smoke alarms requires specialised knowledge. For instance, alarms must meet specific New Zealand Standards, and there are requirements around the placement, type and frequency of testing. Specialists like SATS are trained to manage these complexities. By delegating the responsibility to specialists, managers ensure compliance requirements are met accurately and professionally.

Why testing should be left to experts: Given the legal importance of smoke alarms, delegating their maintenance to specialists is the most effective approach. Specialists conduct annual inspections and replace expired alarms and test functionality, ensuring compliance with legislation. The cost of these services is generally passed on to landlords at a minimal fee, while the property manager handles the administration and coordination. Having a certified expert handle the smoke alarms ensures higher accuracy and accountability. In the event of a fire, having a compliance certificate from a professional service adds an extra layer of protection for the landlord and property manager.

By understanding these roles, landlords can ensure they meet their legal obligations and property managers can focus on effectively managing properties.

David Faulkner is the general manager of property management for Property Brokers and is recognised as one of the leading experts in the New Zealand property management industry. He has been involved in the industry developing robust policies and procedures, training, and consultation services for many years.

propertybrokers.co.nz