Smoke and Carbon Monoxide Alarms from October 2022

The law around the requirement for smoke and carbon monoxide alarms in rental properties will change in England on October 1st, 2022. The rules have been changed so that carbon monoxide alarms must be installed in rooms where there is a fixed combustion appliance, like a gas or oil-fired boiler, and they must be in good working order when a new tenant moves in.

Since 2015, all private rental homes with a room used as a living space must have at least one working smoke alarm on each floor where there is a room. The only thing that has changed about this part of the rules is that it now also applies to all homes that are rented from the government.

What kinds of alarms do you need?

The rules don’t say what kind of alarms must be used, but they do suggest smoke alarms that meet British Standards BS 5839-6 and carbon monoxide alarms that meet British Standards BS 50291. People think that alarms with batteries that are “sealed for life” are better than those with batteries that can be changed.

How to check if the alarms are working right?

At the start of every new lease, alarms must be checked to make sure they work. For instance, you could press the test button until the alarm goes off. If a tenant says that an alarm isn’t working and it turns out that it isn’t, the agent or landlord is legally required to fix or replace it as soon as it is possible to do so. During the tenancy, it is the tenant’s responsibility to check and, if possible, replace the batteries in a battery-powered alarm if it stops working. Tenants should tell their agent or landlord if the alarm still doesn’t work or if they can’t change the batteries on their own.

What should agents do if they hear that an alarm doesn’t work?

Agents and landlords are responsible for making sure that alarms are fixed or replaced as soon as possible if they are not working properly. If nothing is done, the local government can send a “remedial notice” to force the replacement or repair. Agents or landlords have 21 days to do what the notice says. They can make written arguments that will stop the notice for a week. Within seven days, the local government will have to tell the agent or landlord in writing what their final decision is. If they don’t, the notice will be automatically cancelled.

Enforcement

If nothing is done and the agent or landlord hasn’t taken all reasonable steps to comply with the notice, the local authority can fine them up to £5,000 per violation. Any fines can be fought in front of the First-tier Tribunal.  Exemptions As laid out in the 2015 regulations there are exemptions for shared accommodation with the landlord or landlord’s family; long leases; student halls of residence; hostels and refuges; care homes; hospitals and hospices; other accommodations relating to healthcare provision.

Landlords and agents are expected to be compliant from 1st October 2022 with fines of £5,000 for non-compliance.