Landlords warned over mandatory smoke and carbon monoxide alarms rule
There’s just one month left before landlords – or their agent – must meet the mandatory requirement of fitting smoke and carbon monoxide alarms to their rented properties.
There’s just one month left before landlords – or their agent – must meet the mandatory requirement of fitting smoke and carbon monoxide alarms to their rented properties.
The rules state that all rental homes in England – including buy to lets, licensed and unlicensed HMOs – must provide a carbon monoxide alarm in rooms used as living accommodation where there is a fixed combustion appliance, such as gas heaters and boilers, by 1 October.
This stipulation also includes log-burning stoves and oil boilers.
And, for the first time, the new rules extend to social housing tenants who need a smoke alarm for each storey of their home where there’s a room being used for living accommodation.
The new rules amend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 where the requirement previously only applied to solid fuel combustion appliances, such as wood burners.
However, the rules will not extend to gas cookers.
Alarm must be repaired or replaced
The amended rules also include a new requirement to ensure that when a tenant reports to their landlord or letting agent that an alarm may not be working properly, the alarm must be repaired or replaced.
This is a significant change for the private rental sector because landlords or their agent will be responsible for repairing or replacing any smoke and carbon monoxide alarms once they are informed by their tenant.
All alarms must comply with British Standards BS 5839-6 for smoke alarms, and British Standards BS 50291 for carbon monoxide alarms.
Landlords or their agent must also ensure that the property’s alarms are in proper working order on the day that a tenancy starts, and they must keep a record of this.
Any breach may make the landlord or agent liable for remedial notices and ultimately a fine of up to £5,000.
‘Landlord can expect a £20,000 to £30,000 fine’
Phil Turtle, the compliance director with Landlord Licensing and Defence, said: “Of course in HMOs, whether licensed or not, the alarms must be to BS5839-6 and either Grade D1 with coverage LD2 or Grade A (panel system) coverage LD2, or the landlord can expect a £20,000 to £30,000 fine under HMO Management Regulation 4.
“Landlords should be aware of their changing responsibilities come October 1st.
“While some landlords will already have compliant smoke and carbon monoxide alarms, the majority that Landlord Licensing and Defence inspects are deficient and most landlords don’t have carbon monoxide alarms for their gas boilers.”
He added: “Also, landlords may not realise the additional requirement to repair and replace these during the tenancy.
“These changes may seem small versus other legislation in the pipeline, but it’s more important than ever for landlords to be clued-up on all their legal obligations.”
For more information, the government has published its guidance, ‘Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants‘ on its website.
