FAQs - Smoke & Carbon Monoxide Alarms

The amended Smoke and Carbon Monoxide Alarm Regulations 2022 come into force on 1 October 2022. This means Landlords or their Letting Agent must meet the mandatory requirement of fitting smoke and carbon monoxide alarms to their rented properties.

From that date, all relevant landlords must

• Ensure at least one smoke alarm is equipped on each storey of their homes 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 if a landlord fails to comply with a remedial notice.

The rules state that all rental homes in England including buy-to-lets, and 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. This stipulation also includes log-burning stoves and oil boilers. However, the rules will not extend to gas cookers. 

To note - alarms 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 tenants.

Let's look at some FAQs

When should the alarms be in place?

Landlords or their Letting Agent must ensure that the property’s alarms are in proper working order on the day that a tenancy starts, and 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.

What type of smoke 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. 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. Landlords should make an informed decision and choose the type of carbon monoxide alarms based on the needs of their building and their tenants, and those alarms are compliant with British Standards BS 50291. Where battery-powered alarms are selected, alarms with ‘sealed for life’ batteries rather than alarms with replaceable batteries are the better option.

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. Landlords 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.

Your local fire and rescue authority may be able to provide further advice on installation or you can download fire safety information from gov.uk/firekills

Where do carbon monoxide alarms need to be located?

The regulations do not stipulate where the alarms should be placed. A carbon monoxide alarm should be installed in every room which is used as living accommodation containing a fixed combustion appliance (excluding gas cookers). Landlords should follow the individual manufacturer’s instructions when installing the alarms. However, in general, carbon monoxide alarms should be positioned at head height, either on a wall or shelf, approximately 1-3 metres away from a potential source of carbon monoxide.

Your local fire and rescue authority may be able to provide further advice on installation or you can download fire safety information from gov.uk/firekills

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. Landlords should consider providing residents with a demonstration and/or instructions to support residents' 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.

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 the relevant landlord.

What should tenants do if they find their alarm isn’t working?

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.

How will these regulations be enforced?

The regulations will be enforced by local housing authorities. Details on enforcement of the regulations can be found in the guidance for local authorities.

For further guidance click here Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants. Updated 29 July 2022  

Our Landlords

Our Property Managers ensure our landlords remain ahead of legislation and most importantly, compliant. We have therefore asked our Gas Engineers to check all managed properties for a carbon monoxide alarm since being first advised of the new guidance and legislation. If an alarm was not present instructions were given to install one to ensure compliance and protection of both tenants and landlords. 

  







 

Tue 06 Sep 2022