Landlords pay for ignoring smoke alarm rules

Landlords and property managers are being stung for thousands of dollars over their failure to provide smoke alarms in rental properties.

Changes to the Residential Tenancies Act that took effect in July 2016 mean landlords are responsible for ensuring their properties have working smoke alarms, and that they are in the right places.

In one recent case, Edward Eschbank sought $40,000 in compensation and exemplary damages over failings in the Kawerau property that he rented from Realty House from 2013 to 2018.

In return, the landlord applied for compensation for loss of rental income and exemplary damages for interfering with the reasonable peace comfort or privacy of other tenants.

The Tenancy Tribunal sided with the tenant – though not to the extent he had hoped. It ordered $4820 be paid to him, including $2000 for not providing smoke alarms.

In another case, Kim Thompson was awarded $600, but that was cancelled out by rent overdue to the landlord.

It isn’t only landlords copping punishment, though. In many more cases, tenants were asked to pay for replacement smoke alarms or batteries they removed or had let run out.

Robert Whitaker, of advocacy group Renters United, said the smoke alarm rules were not working well because they were left up to tenants to enforce.

‘‘It’s not likely a tenant is going to take the landlord to the Tenancy Tribunal over the smoke alarm because that’s a big deal and likely to damage or end your relationship.’’

But he said the claim was often tacked on to another Tenancy Tribunal application, when tenants were dealing with other issues as well.