Vandals set the garage on fire, and three fire alarms failed to work: Is your tenant living in squalor?

Jennifer DukeFebruary 18, 2014

Fires in properties are a source of fear for many, and it is a terrifying situation for any property investor or tenant to be in.

There have been a number of saddening stories in the past about the deaths of tenants due to smoke alarm failures, with a coroner in 2012 issuing a warning about smoke alarms after a Hamilton, New South Wales tenant died in a 2010 house fire. According to Fire & Rescue New South Wales, 144 deaths occured due to house fires between 2000 and June 2005. However, it doesn't appear that all investors have looked into upgrading their systems.

Tenants are responsible under legislation for replacing the batteries in fire alarms, while investors are responsible for providing a working alarm.

However, there are steps that can be taken to help reduce the risks and the potential for disaster or death that look beyond the minimum standards.

Property Observer headed out to Penrith in Sydney’s west to see a block that, over the weekend, had the complex's garage set on fire by local vandals. 

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Source: Just Think Real Estate, Edwin Almeida

The Penrith area has seen some strong growth recently, 9.2% on units according to RP Data, bringing the median price to $283,500. The property in the photographs above is not unusual for the Penrith area.

A property manager from Just Think Real Estate, who manages one of the properties in the complex photographed above, explained earlier in the day that as soon as the fire was out and they had spoken with the tenant, they sent a cleaner in to help fix the property to make it habitable for the tenant. 

The way the garages are placed, and due to their internal access, saw black smoke pour through the garage door and into the apartment.

The strata managers, however, later said that the property manager should have waited until Monday to send in the cleaners, due to an issue of insurance. In fact, all of the other apartments were left until the Monday. The burnt areas are still black with smoke and soot, and there’s security tape up to keep people away from the burnt rubbish and mess. The ceiling and outside walls are blackened.

Even with the cleaners having been through, the smell of burnt rubbish, surprisingly close to the smell of cigarettes, inside the rental is still there to the point where it gets into the back of your throat. The tenant, relieved that the property had been cleaned, said there had luckily been little damage to her own belongings– just some dirt and ash on her car.

The ceiling in the laundry room had black marks and damage left behind, even after the initial clean.

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The above video was created in conjunction with Oz Real Estate TV

However, the most terrifying situation for this rental – and, as a neighbor informed us, for two other apartments – was that the battery-operated fire alarm never went off, despite the entire property filling with smoke. We emphasize that the owner of this apartment had not provided a hard-wired battery, and they are not required to by law as the building is older than when the 2006 law was introduced. Up until this time, they believed the alarm to be working. Under current legislation, now it has been proven to be faulty, they will be required to install a new alarm up to the current standard.

The layout of the rental is such that if the fire had come through the garage, and the tenant had been in her bedroom, there may have been no easy way out of the property.

Which leaves us with a conundrum about the fire alarms, where the law asks you to do one thing, but perhaps common sense dictates another. Investors cannot necessarily stop vandals from setting fires, and cannot pre-empt situations outside of their control regarding candles left in rentals or similar, however they can equip their properties with the best fire alarm to ensure the safety and protection of their property and their tenant.

Just Think Real Estate’s Edwin Almeida said that a hardwired battery is the best option here. He estimates $300 for the installation.

He explains that while in new build properties these are a mandatory requirement, as of 2006 in New South Wales, the laws are not “back dated” to include existing properties and so investors need to be proactive and take the initiative to install them themselves.

In Queensland, for instance, the law explains that homes built before 1 July 1997 must have at least one 9-volt battery-operated alarm, however those after this time or that have been significantly renovated require a 240-volt hard-wired smoke alarm.

In Western Australia, from 1 October 2009, mains alarms need to be installed for properties available to rent, sell or hire.

Regardless of the minimum standards of the law, every investor should look to protect their property and their tenant as best possible.

jduke@propertyobserver.com.au

Jennifer Duke

Jennifer Duke was a property writer at Property Observer

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