A property manager discovers that a rental property's smoke alarms were not compliant with current legislation during a routine inspection. The tenant has been in the property for 18 months. Who bears the legal responsibility and liability for this non-compliance?
Correct Answer
C) The landlord, who holds the ongoing statutory duty for smoke alarm compliance.
Under Australian tenancy legislation, landlords retain ultimate legal responsibility for ensuring properties meet safety standards including smoke alarm compliance, regardless of how long the non-compliance existed. While property managers may have professional obligations, the legal liability rests with the property owner.
Why This Is the Correct Answer
Residential tenancy and smoke alarm laws place the compliance duty on the landlord for as long as the premises are let. The agent acts for the landlord, but the statutory liability rests with the owner.
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A property manager discovers that a rental property's smoke alarm compliance certificate has expired during an existing tenancy. What is the most legally compliant course of action?
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