Smoke and Carbon Monoxide Alarm Rules for Landlords
Smoke and carbon monoxide alarms are one of the few landlord compliance jobs that sound simple and still catch people out, usually because the rules changed in 2022 and a lot of landlords are still working from the old version in their heads. Here is what the current regulations actually require, and where most portfolios fall short.
What the regulations require
Under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, as amended in October 2022, every rented property must have a working smoke alarm on each storey used as living accommodation. A carbon monoxide alarm is required in any room used as living accommodation that contains a fixed combustion appliance, such as a wood burner, gas fire, or boiler, not just solid fuel appliances as the original 2015 rules stated. Gas cookers are the one exception and do not trigger the requirement on their own.
When alarms must be checked
You must make sure smoke and carbon monoxide alarms are in working order on the first day of every new tenancy. This is a specific legal test, not a general assumption that they probably still work from the last check. If a tenant reports a fault during the tenancy, you are required to repair or replace the alarm as soon as reasonably practicable once you are made aware of it, so a "we'll deal with it at the next gas safety visit" approach will not hold up if anything goes wrong in the meantime.
Battery or mains wired
Battery powered alarms are still acceptable under the regulations, there is no legal requirement for mains wired or interlinked alarms in most standard tenancies. That said, many landlords fit long life sealed battery alarms anyway simply because it removes the "tenant took the battery out" problem, which remains one of the most common reasons an alarm fails its test at the start of a new let.
What happens if you don't comply
Local housing authorities can serve a remedial notice giving you 28 days to fix the issue, and if you don't, they can arrange the work themselves and recover the cost from you, on top of a civil penalty of up to £5,000. Non-compliance can also complicate things at the point you actually need it, such as an insurance claim or a dispute with a tenant, since missing or untested alarms are an easy thing for either side to point to. It sits alongside your wider fire safety obligations, and if you haven't had an EICR done recently or checked what your gas and electrical safety checks actually need to cover, it is worth doing all three at once rather than piecemeal.
Comments
Post a Comment
Got a question about your own situation? Ask below and I will get back to you. Comments are checked before they go live so there may be a short delay.