In the last issue, we said that when renting a house in Australia, when it comes to the repair and maintenance of residential smoke alarms, the obligations of landlords and tenants will be different due to the "Strata Scheme. In this issue, we will briefly explain the specific regulations on the maintenance of smoke alarms in NSW (hereinafter referred to as NSW).

【Strata Scheme】

Before understanding the maintenance responsibilities of new state rental smoke alarms, we must first understand Australia's "Strata Scheme". The so-called "Strata Scheme" refers to the Australian common property of residential buildings, including apartments (Apartment), units (Unit) and townhouses (Townhouse). These co-ownership properties are usually jointly owned by the owners, but each has its own private unit.

"Strata" in "Strata Scheme" is similar to domestic property and is responsible for the management of public property in public areas/communities. At the same time, whether it is owner-occupied or investment rental owners, are required to pay Strata Levy property fees. Strata Levy property fees in Australia are generally charged quarterly and usually include Administration Fund and Capital Fund.

-Administrative Fund (Administration Fund): refers to the daily management expenses of Strata property, such as water and electricity charges in public areas, building insurance, maintenance, cleaning, property company management fees, etc.

-Reserve Fund (Capital Fund): equivalent to a reserve fund, used primarily for major repairs or the acquisition of facilities.

In addition, there are three main types of roles under "Strata": Owners corporation, Strata Committee (Strata Committee), and Strata Manager and Building Manager (Strata Manager & Building Manager). Among them, the owners' corporation occupies a more important position.

• An owners' corporation is formed by the owners of jointly owned properties with the aim of managing and maintaining the entire building and the common property. The owner will automatically become a member of the owners' corporation after purchasing the apartment.

Who is responsible for repairing or replacing smoke alarms?]

First of all, the landlord who owns the "Strata Scheme" property has an obligation to ensure that the smoke alarm installed in the property is working properly. However, if the following conditions are met, the landlord may not perform the above obligations.

1. The smoke alarm of the leased residence is:

• Hardwired smoke alarms, or

• Lithium battery smoke alarms, repaired and replaced by the owners corporation, and

2. The landlord has informed the tenant in writing that the owner's corporation is responsible for the repair and replacement of the smoke alarm in the residence, and

3. The landlord notifies the owner corporation within 24 hours after becoming aware of the need for repair or replacement, and

The landlord has taken reasonable steps to ensure that the smoke alarm is repaired or replaced smoothly.

Secondly, according to the NSW Fair Trading regulations, smoke alarms are divided into lithium battery smoke alarms and hard-wired smoke alarms. However, for these two different types of smoke alarms, the maintenance responsibilities of landlords and tenants are not the same.

• Lithium battery smoke alarm

• Hardwired smoke alarms

In addition, the previous issue also stated that if the tenant pays for the repair or replacement of the smoke alarm, it has the right to claim the relevant fee from the landlord or intermediary within 7 days, but the tenant needs to send the landlord or agent a written notice of the relevant fee, including the nature and cost of the repair, and a copy of the receipt or invoice.

Note: The content of the above article is for reference only and does not constitute legal advice. If you have any legal questions, please consult with Huixiang Sydney lawyer in detail.

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