- Source
A Dunedin property management company has been ordered to pay more than $6000 after smoke alarms failed to activate in a house during a fire.The Tenancy Tribunal ordered Cutlers Limited, trading as Cutlers Property Management, to pay $6450 in exemplary damages to the Ministry of Business, Innovation and Employment (MBIE) on behalf tenants impacted by the September 2022 fire.The tribunal found Cutlers had acted intentionally in failing to comply with the Residential Tenancies Act over smoke alarm and maintenance requirements.During the fire, smoke alarms did not activate in either the upstairs or downstairs flat of the property. The fire was only detected when one of the downstairs tenants smelt something “melting”.The Fire and Emergency New Zealand station officer who attended the tribunal hearing stated: “If the fire had occurred an hour later, it is likely the tenants would have been asleep and would not have been alerted to the fire by smell and the consequences may have been catastrophic. This is not an overstatement or dramatisation of the facts. It is the plain fact and stresses the importance of smoke alarms.”
Evidence supplied by MBIE’s Tenancy Compliance and Investigations Team (TCIT) showed that Cutlers provided non-compliant smoke alarms to the downstairs flat and left them for the tenants to install. The smoke alarms were subsequently installed by a family member of the tenants but were not tested.
Inspection of a smoke alarm in the upstairs flat, which failed to activate, found it was expired and not functioning.
The property manager who carried out inspections on the tenancy had recorded the smoke alarm as compliant without testing either the operation of the alarms or recording the expiry dates of the smoke alarms in the upstairs flat.
TCIT national manager Brett Wilson said the decision emphasises that a landlord must have compliant and operational smoke alarms in each residential rental property.
“There must be at least one smoke alarm in each flat and they must be located within 3 metres of any sleeping space. The smoke alarms in these tenancies were required to be 10-year photoelectric smoke alarms.
“Smoke alarms save lives, and it is important that both landlords and tenants are aware of their obligations to install and maintain them. Failure to comply with the smoke alarms regulations could result in significant financial penalties,” Wilson said.
TCIT has recently completed a compliance operation where the focus was solely on ensuring landlords were meeting their obligations to have working smoke alarms installed at rental properties. The TCIT checks covered more than 1300 landlords around the country.
“The results showed a high level of compliance among landlords; however this tribunal case highlights the significant risks of what could happen where landlords fail to meet their obligations,” Wilson said.
- SourceA Christchurch landlord has been ordered to pay $4,100 after a non-compliant gas supply and non-working smoke alarms were found at one of her properties.Lina Liu, the landlord of two boarding houses, was taken to the Tenancy Tribunal by MBIE’s Tenancy Compliance and Investigations Team (TCIT) for failing to meet her responsibilities under the Residential Tenancies Act (RTA).
“Following complaints of a gas leak at one of the boarding houses, the gas supply to the property was found to be non-compliant. When the TCIT team looked into Ms Liu’s operations, it was established that Ms Liu failed to have working smoke alarms at both of her properties and there were no written tenancy agreements with insulation statement in place,” National Manager Tenancy Compliance and Investigations Steve Watson said.
The Tenancy Tribunal Ordered Ms Liu to pay $4000.00 in exemplary damages for these health and safety breaches, and additional $100.00 for failing to provide a written statement that adequately described the levels of insulation – a legal requirement that came into effect from 1 July 2016.
“Insulation statements were introduced to give tenants certainty and choice when it comes to choosing which rental house to live in. The lack of understanding in this area is something we see a lot in our work – it is great to see the Tribunal support the importance of these statements,” Mr Watson said.
“Just as important as the financial deterrent, the Tenancy Tribunal issued an Order that allows TCIT to return to the property to ensure the gas work has been fixed, which will ensure future tenants can safely live in the rental.”
The Tribunal Order also issued a restraining Order for two years, which means if Ms Liu is found to breach the law again in that period, she could face criminal charges in the District Court.
“Landlords need to comply with the provisions of the RTA and not put tenant safety at risk through poor maintenance and ignoring the law. The Tenancy Tribunal Order rightly stated that smoke alarms ‘go to the very heart of tenant safety’.
“Securing this type of Order highlights the important work the Team is doing across New Zealand to hold landlords who seriously breach the RTA to account,” Mr Watson said.
- SourceAn Auckland landlord has been fined $2000 for failing to install smoke alarms in a rental property.
The Ministry of Business, Innovation and Employment successfully took Arie Peter Sterk to the Tenancy Tribunal for the breach last week.
Sterk has also been restrained from committing the same offence for six years, or will face further legal action.
Steve Watson, MBIE’s national manager of the tenancy compliance and investigation team, said it served as a reminder to all landlords that failing to comply with tenancy laws would not be tolerated.
“By failing to meet his legal obligations, Mr Sterk deprived his tenant of a warm, dry, and safe home, and put them at risk if there had been a fire,” said Watson.
“It is important landlords realise not installing smoke alarms correctly isn’t only a legal compliance issue, but something that can have a very real effect on tenants.
“When a landlord rents a property, they must have at least one working smoke alarm on each level, either in each bedroom, or within three metres of the bedroom door.”
The best thing a landlord could do was download the compliance checklist from the Tenancy Services website (www.tenancy.govt.nz) to ensure they were fully compliant with their obligations, Watson said.
Not installing smoke alarms can cost landlords exemplary damages of up to $4000.
Why are Smoke Alarms so loud? Its quite simple, to get your attention! If you are asleep, you need a loud, unexpected noise to wake you. If you are in a deep sleep, wear earplugs or require medication, it must be loud enough to cover these circumstances too. Smoke Alarms are designed to be heard over maximum ambient sound (e.g. vacuuming, watching TV, listening to music). They need to be louder than the general noise created in your home as fires can happen at any time.
Can a Smoke Alarms damage your hearing?
A Smoke Alarm gives out a signal of around 85 decibels. Even if we assume it emits a sound of 90 decibels, your hearing is still safe and will only be at risk after an hour or so.
Usually, noises below 75 decibels are safe. With stronger sounds, don’t expose your ears for too long. For example, with sounds of 85 decibels, you reach the safety limit after 8 hours.
Smoke Alarms detect smoke, alert you and provide critical seconds to implement actions and get out of the property. This is why Smoke Alarm sirens are required to sound louder than ambient noises.
To be exact, Smoke Alarms are required to be 15 decibels above the average noise level or 5 decibels above the maximum ambient sound, whichever is greater.
So for the short amount of time you are exposed to the sound of a smoke alarm, it will not cause any permanent damage to your hearing.
Need assistance in checking if your Smoke Alarms meet the minimum decibel requirement? Contact us on 0508 766 532 or email info@sats.co.nz
SATS
We are excited to share some great news with our loyal customers across New Zealand and Australia.
On August 1st 2021 SATS New Zealand and Australia had a change in its ownership structure by taking on an investment from the PieLAB Council Capital.
Founded by Jeremy Batten, SATS has grown from a start-up to a successful international brand, comprising of over 70 employees, managing many thousands of properties across two countries.
From day one SATS greatest asset has been its people, technology, and steadfast dedication to customer service… Never has this been truer than today.
Jeremy decided it was time to enhance the business and take it to the next level and has identified PieLAB Council Capital as the investment partner to do this.
The PieLAB team have joined Jeremy and the existing shareholders to further increase the opportunities available to the SATS stakeholders, team, and customers.
Jeremy will remain a shareholder and join a new board of directors including Richard Anderson and Chris Rolls from PieLAB. PieLAB brings a wealth of knowledge, business experience and a new corporate skill-set to further improve the SATS community.
Daniel will continue to manage the business with his existing team.
The vision is that SATS will continue to run as it is today in line with its current values and beliefs. We will however invest further in our key assets being people, technology and customer service to provide a continually improving service to our loyal customers.
Of course, If you have any questions, please feel free to reach out to us on 0508 766 532 or info@sats.co.nz
We thank you for your support!
Fines have increased, is it worth the risk?
Smoke alarms are a lifesaver. And in rentals, they’re a legal requirement.
A Landlord who fails to comply with the regulations will be committing an unlawful act and may be liable for a penalty of up to $7,200!
There are still smoke alarms that have gone untouched in residential homes leading to inactive alarms and many properties that do not have the minimum requirement of alarms installed for the property to be compliant.
The responsibility for ensuring that each smoke alarm in a residence is operational falls on the Landlord/Property Manager – so while this message is out there to test and replace the batteries, there are still residential properties failing to meet requirements in regard to smoke alarms.
By utilising SATS you can rest easy knowing that your smoke alarms will be tested, cleaned and checked for compliance within the New Zealand legislation standards.
Further information regarding legislation can be found HERE
SATS
Reducing fire-related deaths may be as simple as having working Smoke Alarms. Working Smoke Alarms in your home can decrease your chances of perishing in a fire by half.
SMOKE ALARMS SAVE LIVES
If you have a fire in your home, in as little as 30 seconds a small flame can become a major fire that ravages a home and threatens lives. Smoke Alarms safeguard the lives of your family, they detect smoke well before any sleeping occupant would. They provide critical seconds to implement actions and get out of the property.
According to statistics, at least 70% of fire-related deaths occur in homes that either have no Smoke Alarms or the Smoke Alarms don’t work. The presence of a Smoke Alarm in your home can reduce the risk of dying in a fire by 50%.
The majority of homes today have had Smoke Alarms installed. Unfortunately too many homes have Smoke Alarms that just don’t work properly or simply do not work at all. Many fatalities occur, because a Smoke Alarm has been disconnected, is missing or has been poorly maintained.
SMOKE ALARM MAINTENANCE HELPS IN REDUCING FIRE-RELATED DEATHS
Check your Smoke Alarms are installed correctly, in good working order and regularly maintained. A working Smoke Alarm can mean the difference between life or death in many cases.
- Always maintain your smoke alarms according to manufacturer’s instructions.
- Test your smoke alarms once a week using the test button
- Always follow manufacturer’s instruction in cleaning your Smoke Alarm
- Educate your family on the importance of Smoke Alarms and how they work so they know how to respond. (and have/practice an escape plan)
- Smoke Alarms with long life batteries are designed to remain effective within the duration indicated. Once the alarm sounds that the battery is low, you should replace the Smoke Alarm immediately. Smoke Alarms with any other type of battery need a new battery at least once a year. If the alarm sounds that the battery is low, replace it immediately.
- Make sure you have a sufficient amount of Smoke Alarms in your home and they are located in the correct positions.
If you need assistance in checking if your Smoke Alarms are working properly, or you need help in replacing them, give us a call at 0508 766 532 or email info@sats.co.nz
Working from home is the new reality for many of us as we learn to live with COVID. It’s important to do everything you can to make your home as safe as possible.
Working from home can pose many challenges for people. Whether it is working around home-schooling, partners also working from home or having to keep our fur babies off zoom, we can forget to make sure our homes are safe for us to work from.
So how do you make sure you are working safely from home?
IDENTIFY PHYSICAL HAZARDS
When working from home, identify and address physical hazards in the home office that may be caused by poor housekeeping and improper equipment.
- Avoid conditions that create electrical hazards (e.g: computers and other equipment plugged into extension cords),
- trip hazards (e.g: electrical wires scattered along walking paths),
- blocked exit paths, and falling object hazards (e.g: overloaded book shelves)
SETUP YOUR WORKING FROM HOME OFFICE CORRECTLY
Help avoid sprains and strains by making sure you have the correct chair height and the chair supports your back. Have your mouse within easy reach and on the same surface as your keyboard.
ESTABLISH A WORK ROUTINE
To ensure that you still have a work life balance, you must establish reasonable boundaries between work and personal life by developing a work routine.
Avoid unnecessary and avoidable work-related communication outside regular working hours. You can also pre-plan and create variations in your work routine as well as substituting exercise for what was commute time.
FIRST AID
Keep a First Aid Kit in a safe, dry, easily accessible location. Some basic supplies may include: sterile eye dressings, crepe rolled bandages, band-aids of different sizes and shapes and antiseptic spray.
Another consideration is to take a first aid course, its always good to know what to do in an emergency!
FIRE SAFETY
- Check and replace all damaged and frayed electrical cords on electrical equipment, including computers and laptops.
- If you have pets in the house, make sure they can’t access the cords (so they can’t attempt to chew on them).
- Make sure devices are charging on a safe surface and not under a pillow or in your bed.
- Many house fires start in the kitchen, don’t leave stove-tops and other cooking appliances unattended.
AND MOST IMPORTANTLY WHEN WORKING FROM HOME
Make sure you have a working Smoke Alarm! A Smoke Alarm can only save lives if they are present, properly maintained and in good working order.
Also have a fire extinguisher and fire blanket in the house, they are essential for protecting your home against a fire.
If you need assistance in checking if your Smoke Alarms are in good working order , or you need help in replacing them, give us a call at 0508 766 532 or email info@sats.co.nz
Smoke Alarms are vital for your home. They are made to be installed on ceilings (and when necessary, on walls) to detect smoke. However, there are areas in your home where they should not be installed, in the dead air space.
When we are at sleep, our sense of smell is lost, which eliminates our capacity to detect smoke and early warning signs of fire. This means it’s vital that smoke alarms are installed strategically to give us enough time to get to safety. They should be placed in areas where the air is not blocked from circulating.
WHAT ARE DEAD AIR SPACES?
Dead air spaces are areas in a property that gets air trapped which stops smoke from moving into that area. When a Smoke Alarm is installed in this area, the smoke may not reach it and trigger the alarm.
In a fire, smoke travels by rolling up the surface of the walls within the property. If the smoke is rolling against a surface with a sharp corner, then the smoke will not roll through that corner. Instead, it will float within the pocket of trapped air, leaving the space after the sharp corner unable to detect smoke as it is stuck in an air bubble.
Generally, dead air spaces can be found in property spaces that contain cathedral ceilings, corner junctions between the wall and roof or between exposed floor joists.
That’s why when installing Smoke Alarms you need to know where to install them. They should be in a position where they can detect smoke before it crawls into a dead air space.
HOW TO AVOID DEAD AIR SPACES?
Since dead air spaces appear in the corner of rooms and between exposed roof beams, here are some places you need to avoid:
- Corners of rooms
- Near A/C vents, windows that open, and ceiling fans
- Near warm areas of the property like bathrooms and saunas
Other areas that you should avoid when installing smoke alarms:
- Anywhere within 1.5 meters of a fluorescent light as the electromagnetic interference may affect the smoke alarms
- In the kitchen, since this is an area with constant heat and smoke
If the Smoke Alarms in your investment property happen to be located in dead air spaces you’re facing a big challenge. Contact SATS today to have you property professionally serviced.
“Compliance” is a common word these days in the industry. Ensure your Smoke Alarms are still being maintained regardless of industry changes and deadlines.
Fires can occur to properties that are serviced by SATS too. Here is what some of our Property Managers have to say…
“The fire started in the ceiling of the en-suite and the alarm closest to the main bedroom alerted the tenants, who rang the fire brigade. The fire was contained to the en-suite and ceiling cavity above the main bedroom. The tenants were sitting in the lounge at the far end of the house, this could’ve been much much worse. We are so thankful that there were alarms throughout the property, which have an annual servicing from SATS.”
“Both fires were attached to properties that our agency manage, one is managed by myself and thankfully the smoke alarms were maintained by SATS and were in working order, meaning our tenant was alerted to the fire and was able to escape through a window and down the fire escape.”
“Sadly I have had a very serious fire just two weeks ago where a three story townhouse burnt to the ground so the urgency for me is now front of mind. Thankfully there were working smoke alarms that saved the family of five who were fast asleep on the top floor.”
“Another flat fire this morning – it is one of our properties and is an upstairs property. The one below this caught on fire early hours this morning damaging our property with smoke – our smoke alarms went off.”
Here are some other recent events so far this Spring…
“For us, every house fire is a failure, especially when there’s a fatality.”
Full article here
“There were no smoke alarms in the house, and that’s something else that people have got to ensure they have in place and working properly.”
Full article here
Leave the job to SATS, not to chance.
Contact SATS today for further information
0508 766 532 or info@sats.co.nz
Office Hours
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| Tuesday | 9am – 5pm |
| Wednesday | 9am – 5pm |
| Thursday | 9am – 5pm |
| Friday | 9am – 5pm |
| Sat / Sun | Closed |
