SMOKE AND CARBON MONOXIDE ALARM (ENGLAND) REGULATIONS 2015.
Smoke and Carbon Monoxide Alarm (England) Regulations 2015.
As of 1 October 2015 landlords in England are required to install smoke detectors (alarms) on each floor of their rental properties, the alarms can be either hard wired or battery operated.
Heat detectors such as those designed for kitchens cannot be a substitute for smoke alarms.
Carbon monoxide detectors are required in rooms where a solid fuel appliance, such as an open fire or log burning stove, are installed. You can read more about the effects of CO poisoning in our blog post here
Although not a legal requirement in the case of gas appliances, the Department of Communities and Local Government (DCLG) has said that it would expect and encourage responsible landlords to ensure that working CO alarms are installed.
Landlords with properties in England must now fit these devices and not wait for the start of a new tenancy.
New requirements summary
At least one smoke alarm must be installed on each storey of a rental property that is used as living accommodation. A CO alarm must be installed in any room used as living accommodation containing any solid fuel appliances.
The landlord must make sure the alarms are in working order at the start of each new tenancy. Note: in the DCLG’s view, for the purpose of these regulations, a mezzanine floor would not be considered a storey.
In general, smoke alarms should be fixed to the ceiling in a circulation space, i.e. a hall or a landing. CO alarms should be positioned at head height approximately 1‒3m away from a potential source.
The immediate landlord (or someone acting on their behalf) must test the alarms on the first day of a new tenancy, ideally with the tenant/s present.
Tenants should be advised to test all alarms regularly to make sure they are in working order. Testing monthly is generally considered an appropriate frequency.
The first day of the tenancy is the date stipulated in the agreement. This applies even if the tenant decides to move into the property on a later date.
A new tenancy is one commencing after the 1 October 2015. It is not a continuation of an existing tenancy before that date.
In cases where tenants refuse access for alarm fitting or testing, the landlord should write to them. The communication should explain that it is a legal requirement to install the alarms. You should also send a copy of the communication to the local authority,
The regulations do not stipulate the type of alarms (such as hard wired or battery powered) to be installed. As such landlords should make an informed decision and choose the best alarms for their properties and tenants. However it is recommended that 10-year guarantee lithium battery or hard-wired alarms are installed in pre-1 June 1992 properties.
The regulations will apply to any tenancy, lease or licence of residential premises in England, that gives somebody the right to occupy all or part of the premises as their only or main residence, in return for rent. There are some exemptions, such as for long leaseholds and social housing landlords.
Documentary evidence
Landlords and/or their managing agents must actively ensure they possess documentary evidence confirming the testing and operational status of alarms on the first day of tenancy. You can achieve this by obtaining the tenant’s signature on an inventory copy or by conducting a risk assessment.
Failing to adhere to these regulations could lead to the local housing authority imposing a civil penalty charge of up to £5,000 on the landlord. It’s important to note that landlords have the right to appeal such penalties.
To prioritise tenant safety, landlords and managing agents should proactively conduct fundamental risk assessments. These should encompass fire, gas, electrical systems, Legionella, and overall safety both within and outside the property prior to each new tenancy.
The Smoke and Carbon Monoxide Alarm (England) Regulations are accessible for reference here
There is a handy FAQ guide here
Under the Part J of the 2010 Building Regulations for England and Wales there us also a duty to have CO alarms fitted when a solid fuel heating system is installed.
You can read more here
This article applies primarily to English law. Although tenancy laws are similar in other jurisdictions, there may be significant differences. Always seek professional advice before making or not making important decisions.
