A recent example highlights the importance of compliance monitoring by landlords.
As part of a periodic compliance check on smoke alarm testing, annual smoke alarm servicing invoices were being paid by the agent but smoke alarm tests were not being conducted as required under Queensland legislation.
Section 148B of the Queensland Fire Services Act 1990 provides that the lessor must test each smoke alarm on the premises within 30 days before the start of a tenancy. While not specifically mentioned, this also applies to lease renewals.
An apparent administrative failure by the agent meant that testing requests were not issued on several lease renewals. Non-compliance risks fines of $834.50 per breach. The fine is small compared with the annual rent.
However, the greater risk lies in the event of a fire during a non-compliant period, particularly if it involves a smoke alarm failure.
One of the first requests by the Queensland Fire Department following a fire will be for the property’s smoke alarm compliance records. There is a risk of civil liability for negligence and possible other criminal liability. Insurance claims for property damage may be denied.
While the primary responsibility lies with the agent to ensure smoke alarm compliance, landlords risk being caught up in proceedings where agents fail in their responsibilities. And, of course, possible insurance consequences.
Queensland Fire Department - Smoke Alarms
February 2026
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