Failure to meet their duties under the smoke and carbon monoxide alarm regulations can lead to a heavy penalty, including imprisonment in severe cases.
In October 2022, new smoke and carbon monoxide alarm rules were introduced, which included additional responsibilities for landlords.
If you are a landlord of a rental property in Rushden, Wisbech or Corby, wondering how to stay compliant with the regulations, read on to find out what you need to do.
What Are The Regulations For Smoke Alarms In Rental Properties?
Landlords must have a functional smoke alarm on each floor of their property that’s used as living accommodation (at least it must be working when new tenants move in). After that, it’s up to the tenant to ensure there is a working battery in the alarms.
However, if a tenant reports that an alarm is faulty, the landlord must arrange for it to be fixed or replaced. The good news is that it is possible to get free smoke alarms from your local fire and rescue service (the government has already funded these). And, if you ask nicely, they may even fit them for you. So, there is no excuse for not fitting them.
The fire service also recommends that smoke alarms are fitted at least 30cm away from any light fitting or wall to ensure the sensor can be activated without interference.
What Are The Regulations For Carbon Monoxide Alarms In Rental Properties?
Since the amendment to the legislation in 2022, landlords are required to install carbon monoxide detectors in any room with a fixed combustion appliance (excluding gas cookers). This includes rooms with any appliance powered by gas, oil, coal or wood.
It is the responsibility of landlords to ensure that alarms are working at the start of a new tenancy.
According to statista.com, 26% of carbon monoxide poisoning is caused by central heating boilers, emphasising the importance of installing CO alarms in rooms with gas appliances.
While the legislation does not stipulate the type of carbon monoxide alarm that must be used, the alarm must meet the BS EN 50291.
Do I Need To Install Alarms For Existing Tenants?
All private tenants should be protected from harm by landlords following the smoke alarm and carbon monoxide detector regulations. So, yes, if there isn’t already a smoke alarm on every floor and carbon monoxide detectors in rooms with a fixed combustion appliance, then this must be done immediately.
The most common types of fixed combustion appliances are boilers, warm air heaters and water heaters. Log-burning stoves and coal fires are also classed as fixed combustion appliances.
If a tenant reports an issue with an alarm, the landlord has a responsibility to repair or replace the faulty alarm “as soon as reasonably practicable.”
To evidence compliance with regulations, landlords should keep full records of alarm installation, testing and repair dates.
What Type Of Alarm Do I Need To Fit In My Rental Property?
There is no brand of smoke alarm specified for rental properties, but it must be compliant with British Standards BS 5839-6.
Under the BS 5839-6 guidance, it is recommended that a Grade D1 Category LD2 alarm system is installed in rental properties. These recommended systems are interlinked mains-powered smoke alarms, which are tamper proof and last the full life of the alarm.
You can choose from three types of alarm to suit the property’s layout:
A heat alarm is recommended for the kitchen because it can detect raised heat levels but not smoke. However, a heat alarm should be used in addition to a smoke alarm in the kitchen, not instead of.
An optical alarm (also known as a photoelectric smoke alarm) is best at detecting the larger smoke particles generated by a slow, smouldering fire. For instance, electrical wiring or soft furnishings catching light. They can be too sensitive to fit inside the kitchen but can work well just outside it.
An ionisation alarm can pick up small smoke particles quickly to detect fast flaming fires. These are often caused by paper making contact with an open flame, or flammable liquids such as cooking oil. They can be too sensitive for the kitchen area though.
A combined smoke and carbon monoxide alarm can be used, as long as the requirements for the location of the alarm are met.
Landlords can choose between mains-powered or battery-powered alarms. Battery-powered alarms should have ‘sealed for life’ batteries instead of replaceable ones, as recommended on the government website. Remember, your tenants’ lives and your property are at stake, so be guided by effectiveness.
When choosing a carbon monoxide alarm, be aware that ‘black spot’ detectors and ‘patch’ detectors are not to the required standards for using in rental properties.
Under the Equality Act 2010, landlords are required to provide auxiliary aids if requested to by deaf/hearing impaired tenants. These alarms are powered by vibration or flashing lights to alert vulnerable tenants to risks, as an alternative to audible-only alarms.
Do smoke alarms in rental properties have to be interlinked?
The smoke alarms in rental properties don’t have to be interlinked in England. However, landlords in Scotland must install interlinked alarms.
Where Should Smoke And Carbon Monoxide Alarms Be Positioned?
Ideally, smoke alarms in rented homes should be attached to the ceiling in an area where there is a lot of movement, such as a hallway. They should be fitted in circulation spaces and placed away from any walls or ceiling fittings that could affect the detection of smoke.
For a carbon monoxide detector, the ideal space is approximately 1-3 metres away from a potential source of carbon monoxide and at head height. CO alarms should be installed at least 3 metres away from windows and doors to prevent draughts from interfering with the readings.
The safest person to fit a smoke alarm or carbon monoxide alarm is a qualified Part P and Gas Safe engineer. If you do choose to fit them yourself, a qualified engineer should check them over.
What Other Safety Responsibilities Do Landlords Have?
#As well as fitting smoke alarms on each storey used for living accommodation, and carbon monoxide alarms in any room with a fuel burning appliance, landlords must meet gas, electrical and energy efficiency requirements. You must arrange a gas safety check each year to obtain a Gas Safety Certificate. Landlords also need an electrical safety report or EICR (valid for five years), and a valid EPC rating the property’s energy efficiency.
What If I Can’t Access My Rental Property?
If your tenant won’t allow you to enter the rental property to test the smoke alarm and carbon monoxide detector, then you will have to write to them (and keep a copy of this email or written letter). Explain to your tenant that it is a legal requirement and that fire safety building regulations are in place to protect their own health.
If this doesn’t work and you are approached by the council (via a spot check) you will have the paper trail to prove you have attempted to comply with the smoke alarm and carbon monoxide detector regulations. It is important you do this since you could potentially face penalties for non-compliance.
What Is The Penalty For Not Fitting Smoke And Carbon Monoxide Alarms In My Rental Property?
Non-compliance with the regulations could result in a fine of up to £5,000 and imprisonment in severe cases. Fines are imposed per breach and not per property, so you could be fined multiple times for the same property.
In the first instance, the local authority officer will issue a remedial notice within 21 days. This gives you 28 days to provide written representations against the notice. The notice will be suspended pending the review.
In cases where the landlord has been unable to comply with a remedial notice but have taken all reasonable steps to do so, they will not be in breach of compliance. For example, if they have been unable to access the property but they have taken reasonable steps to do so and have evidence of this.
If the landlord fails to comply with a remedial notice, then the council will go ahead and fit them – and bill them for it. This is provided they can get access from the tenant.
Can I Appeal A Penalty Charge?
It is possible to appeal against a charge. This will have to be done in writing and sent to the local authority who issued the fine in the first place.
If this doesn’t work, then you can appeal to the First-tier Tribunal. At this point, you can’t be fined until the tribunal rules on your application. It can either confirm, quash or vary the fine imposed on you. However, it can’t increase the amount of the penalty charge.
You can find the grounds for Appeal under Regulation 11 of the Act. These include the fact the penalty notice was issued wrongly or that the amount of the fine is unreasonable. Or, it can be that you find another aspect of the penalty unreasonable and wish to lodge this.
Who Should Maintain Smoke Alarms And Carbon Monoxide Detectors In Rented Property?
Under the regulations, the landlord must ensure that all alarms work at the start of a new tenancy. The checks for testing alarms should be included in the inventory that the tenant signs to provide evidence that the alarms have been checked and other appliances are working.
Landlords should demonstrate to the tenants how to correctly test alarms at the start of the tenancy. After the tenant has moved into the property, it is their responsibility to check the alarms are working (it is recommended to test them weekly or at least every month) and to report any faults or issues.
Keeping records of the date alarms are installed will help you to track when their lifespan is coming to an end and they will need to be replaced. For smoke alarms, the typical lifespan is up to 10 years and for CO alarms, the lifespan is 7 years.
Are There Any Exemptions To Smoke And Carbon Monoxide Regulations?
There are a few exemptions to the regulations, such as where property is a shared accommodation with a landlord or long leases with a fixed term of seven years or more. However, as a duty of care to the occupant’s safety, it is advisable to install smoke and carbon monoxide alarms even if it is not a legal requirement.
Landlords of HMO properties have additional fire safety requirements to meet their licence requirements, which can vary depending on the size and layout. Larger HMOs will usually require more advanced fire alarm systems, along with requirements for fire doors, safe escape routes and emergency lighting.
And What About The Rest Of The UK?
If you are reading this as a landlord based outside of England, in Wales, Scotland or Northern Ireland, then it’s worth checking your own government’s website for domestic smoke alarm regulations in rental properties and other matters of landlord and tenant safety. That’s because smoke alarm and carbon monoxide detector regulations will vary slightly between governments.
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Wayne Beecham
Wayne is East Midland’s answer to property management. His hard work and high standards of service have gained him a fierce reputation within the regional lettings market. He knows what it takes to own and manage a profitable portfolio himself, because he is not only a successful investor and landlord, but co-founder and “hands on” managing director of Progressive Lets.
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