The government released guidance for landlords on the extended regulations for smoke and carbon monoxide alarms in England, which came into force on 1 October 2022. As a landlord, you must now:
- Ensure at least one smoke alarm is equipped on each storey of a home, where there is a room used as living accommodation. This has been a legal requirement in the private rented sector since 2015.
- Ensure a carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers).
- Ensure smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.
The requirements are enforced by local authorities who can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice.
What type of smoke alarm is required?
It is recommended that landlords choose the type of smoke alarms based on the needs of their building and their tenants, and that those alarms are compliant with British Standards BS 5839-6. Where battery powered alarms are selected, alarms with ‘sealed for life’ batteries rather than alarms with replaceable batteries are the better option.
What type of carbon monoxide alarm is required?
The regulations do not stipulate the type of alarms, such as mains powered, hard wired or battery powered, that should be installed.
As a landlord, you should make an informed decision and choose the type of carbon monoxide alarms based on the needs of your building and tenants, and that those alarms are compliant with British Standards.
Where do smoke alarms need to be located?
The regulations do not stipulate where the alarms should be placed. At least one smoke alarm should be installed on every storey which is used as living accommodation.
You should follow the individual manufacturer’s instructions when installing the alarms. However, in general, smoke alarms should be fixed to the ceiling in a circulation space, i.e. a hall or a landing.
Does replacing a battery count as a repair? Who is responsible for changing the batteries?
Landlords will be responsible for repairing or replacing any faulty alarms. If tenants find that their alarms are not in working order during the tenancy, they are advised to arrange for the replacement of the batteries.
If the alarm still does not work after replacing the batteries, or if tenants are unable to replace the batteries themselves, they should report this to their landlord.
How should a tenant test their alarms to check they are in working order?
Testing of smoke alarms and carbon monoxide alarms does not require specialist skills or knowledge and should be straightforward for tenants to do. You should consider providing residents with a demonstration and/or instructions to support resident understanding of how, and how often, to test their smoke alarms and make sure they are in working order.
Landlords should follow the individual manufacturer’s instructions for testing alarms and consider sharing these instructions with tenants to support regular testing. If tenants find that their alarms are not in working order during the tenancy, they are advised to arrange for the replacement of the batteries. If the alarm still does not work after replacing the batteries, or if tenants are unable to replace the batteries themselves, they should report this to the relevant landlord.
What sort of housing do these regulations apply to?
The regulations apply to all homes rented by private landlords or registered providers of social housing, unless excluded. The following tenancies are excluded from the regulations:
- shared accommodation with a landlord or landlord’s family
- long leases
- student halls of residence
- hotels and refuges
- care homes
- hospitals and hospices
- low cost ownership homes
- other accommodation relating to health care provision
Do the regulations apply to HMOs (House in Multiple Occupation)?
The regulations apply to unlicensed HMOs. Licensed HMOs are exempt from Parts 1 to 5 of the regulations but only because the regulations also amend the HMO licensing obligations in the Housing Act 2004 so as to impose similar requirements.
Do alarms have to be tested at the start of the tenancy, or can they be tested as part of routine gas safety checks?
The regulations require checks to be made by or on behalf of the landlord to ensure that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy.
Does the penalty of up to £5,000 apply per landlord, or per breach?
Where a landlord is in breach, the local housing authority may serve a remedial notice. Failure to comply with each remedial notice can lead to a fine of up to £5,000. Fines will be applied per breach, rather than per landlord or property.
For further information on the regulations, visit the government website. These regulations should be considered alongside other relevant laws on fire and carbon monoxide safety in rented homes such as the Housing Act 2004, the Fire Safety Act 2021 and the Building Safety Act 2022.