New Smoke and Carbon Monoxide Alarms Rules

The UK government confirmed in November 2021 that smoke and carbon monoxide alarms would become mandatory for all registered social housing providers from October 1, 2022. The new rules update the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. The amended regulations are binding on all properties let by private tenants-and-landlords'>landlords, providers of social housing listed with the appropriate authorities, and unlicensed HMOs. Regulators expect all tenants-and-landlords'>landlords (private and so all housing providers meaning Housing Associations and Registered Providers) as well as letting agents familiarise themselves with the updated rules when they become applicable from the first of October 2022.

They must also ensure their compliance is timely and performed to mitigate any risk to the tenants and the risk of fines. The rules state that carbon monoxide alarms must be fixed in privately rented rooms where fixed combustion appliances are used. They include gas and oil-fired boilers. Letting agents and tenants-and-landlords'>landlords must ensure these appliances are in good working condition when a contract is signed with a new tenant. Key elements of the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 explained:

Smoke Alarms

All homes rented out privately must have a minimum of one smoke alarm in working condition on each floor in all rooms rented out as living accommodations. The regulations will now also apply to all homes rented by social housing providers.

Carbon Monoxide Alarms

All rented properties with fixed combustion appliances must mandatorily have carbon monoxide alarms. Properties with gas cookers are exempted from this rule as evidence points out that there are fewer incidents of carbon monoxide poisoning with gas cookers than with gas boilers. Gas boilers are used continuously and for more extended periods too.

Types of Alarms Required

The rules do not mention the use of any specific kind of alarm. However, they mention that.

- Smoke alarms must comply with British Standards BS 5839-6

- Carbon monoxide alarms must be compliant with British Standards BS 50291

- Alarms with batteries that are sealed for life are preferred over replaceable batteries.

Testing The Alarm To Check If They Work Efficiently

The Regulations state that letting agents must ensure alarms are in working condition at the start of each new tenancy. The alarms can be checked by pressing the test button until the alarm sounds. If a tenant reports a faulty alarm, and it is found to be true, the agent or tenants-and-landlords'>landlord is legally obliged to repair or replace the alarm as soon as possible. If a battery-powered alarm is defective during the tenancy, the tenant is expected to check and replace the batteries themselves where possible. If the alarm still does not work, they should report this to their letting agent or tenants-and-landlords'>landlord.

Role of Letting Agents When Tenants report a Faulty Alarm System

Letting agents must arrange for the immediate repair/replacement of alarms if they are not working correctly. They must inform the tenants-and-landlords'>landlord about the problem as soon as practically possible. The local authority will issue a remedial notice to the tenants-and-landlords'>landlord if no action is taken to repair or replace the defective alarm. The agent or tenants-and-landlords'>landlord must take action specified by the local authority within 21 days. Agents can get the notice suspended for seven days through written representations. The local authority must inform the agent or tenants-and-landlords'>landlord of their final decision in writing within those seven days. The notice will be withdrawn automatically if they do not inform the agent/tenants-and-landlords'>landlord.

What If No Action Is Taken

If the tenants-and-landlords'>landlord or the agent does not take corrective action and comply with the notice, a fine of up to 5,000 per breach can be levied. Agents and tenants-and-landlords'>landlords can appeal against any fines imposed on them to the First-Tier planetrent.co.uk/blog/could-a-tax-tribunal-ruling-mean-btl-investors-avoid-3-stamp-duty-surcharge'>Tribunal. Letting agents must check the properties they manage to ensure compliance with the updated Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022. All tenants-and-landlords'>landlords who come under the purview of the regulation are expected to be compliant from 1 October 2022 or face a fine of 5,000 for non-compliance.