A property manager in South Australia discovers that a rental property's smoke alarm system does not comply with current legislative requirements. The landlord refuses to upgrade the system citing cost concerns. What is the property manager's primary legal obligation?
Correct Answer
C) Ensure compliance is achieved, since smoke alarm rules are a mandatory safety requirement
Under s 68 of the Residential Tenancies Act 1995 (SA), the landlord must comply with statutory requirements affecting the premises, and smoke alarm requirements under the building laws are such requirements. The property manager should advise the landlord in writing that compliance is not optional and insist it be achieved. If the landlord still refuses, the manager should consider declining to continue acting rather than let the property be let in breach of safety law.
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