The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

Both Private and Social residential Landlords need to be aware of the latest Carbon Monoxide alarm regulations which are coming into force on 1 October 2022. Amelia Ford, paralegal within Warner Goodman LLPs Commercial Litigation and Dispute Resolution Department has considered these changes which Landlords are advised as followed.

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 build on the existing rules for buy-to-let properties. At present, Landlords are required to ensure that there is one smoke alarm fitted per story and a carbon monoxide alarm where there is a solid fuel appliance such as an open fire.

What changes come into force on 1 October 2022?

As of 1 October 2022, Landlord’s are required to ensure a carbon monoxide alarm is equipped in any living accommodation which contains a fixed combustion appliance.  This is any room that is either used primarily for the purpose of living or a room in which an individual spends a significant amount of time, including a bathroom.

A fixed combustion appliance burns fuel to generate heat and are usually powered by gas, oil, coal or wood such as space heaters, ranges, ovens, stoves, furnaces, fireplaces, water heaters, and clothes dryers.  Carbon monoxide may result if appliances are fitted incorrectly, repaired incorrectly, not maintained as they should be or if there is a blockage in a vent, chimney or flue.

 Landlords must ensure that the alarms  are equipped and in proper working order on the date in which the tenancy begins if it is a new tenancy.

These regulations do not stipulate the type of alarm or where they should be placed. The Landlord should make an informed decision and choose the best alarm for their Property and Tenant. For instance, specialist smoke and carbon monoxide that alert by vibration or flashing lights as opposed to sound alerts may be required for deaf or hard of hearing residents.

What are my obligations?

It is a responsibility of the Landlord to record when alarms are tested and the local housing authority must decide whether the evidence provided proves that the landlord has met the requirements of the regulations. One possible means is for the Landlord to go through the inventory on the move in date and make a provision for the tenant to sign the inventory to record that the required alarms have been tested by both the Landlord and the Tenant.

We know that gaining access to carry out repairs and maintenance can be difficult.  As a Landlord you must take all reasonable steps to comply with a remedial notice.  However, you are not expected to go to court to gain access although sometimes this is advisable.

What happens if I do not comply with the regulations?

As a Landlord, you must ensure that these smoke alarms and carbon monoxide alarms are repaired or replaced once you are informed that they are faulty. The requirements are enforced by local authorities, who can impose a fine of up to £5,000.00 where a Landlord fails to comply with a remedial notice and these fines are applied per breach.

What Tenancies are excluded from these regulations?

The following tenancy’s are excluded from the regulations; shared accommodation with the landlord or landlord’s family, long leases, student halls of residence, hotels and refuges, care homes, hospitals and hospices, low cost ownership homes and other accommodation relating to health care provision.

For further guidance, a ‘The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022’ can be found on the Government’s website.

Carbon monoxide is odourless, tasteless and invisible.  A working carbon monoxide detector, or multiple working detectors, are therefore essential in privately rented accommodation and provide both Landlord and Tenant with peace of mind.

Landlords seeking advice on these matters, or require a new assured tenancy agreement to be drawn up or looking to recover possession of rented residential property, should contact Amelia Ford on 023 8071 7429 or by email at ameliaford@warnergoodman.co.uk