What Landlords Need To Know About Smoke And Carbon Monoxide Alarms

Here is what you need to know about smoke and carbon monoxide alarms in rented properties from 1st October 2022.

Smoke and Carbon Monoxide Alarms: Current Legislation

Since October 2015, private landlords have been required to install at least one smoke detector on each storey of their rented property that is used as living accommodation.

From 1st October 2022 landlords are also required to install a carbon monoxide detector in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers). This includes gas fires and log burning stoves but not non-functioning purely decorative fireplaces.

There is no criteria about what sort of alarm to use, e.g. battery operated or hard wired. Each landlord should make an informed choice, but they should be compliant with British Safety Standards. For smoke detectors that is BS 5839-6 and for carbon monoxide detectors that is BS 50291. Heat detectors may be installed, but these must not be used instead of smoke detectors.

It is worth noting that landlords also have duties under the Equality Act 2010. So if your tenant has specific needs you may need to install a suitable alarm. For example, if your tenant is hearing impaired they may require an alarm that vibrates or flashes to keep them safe.

The legislation doesn’t specify where alarms should be fitted but smoke alarms are generally fitted to the ceiling of a hall or landing. Carbon monoxide alarms are generally fitted at head-height, 1-3 metres away from the source.

These rules now apply to both private landlords and registered landlords of social housing. Rules have not changed for licensed shared houses as they already require slightly more robust standards. This includes interlinked, mains-wired smoke alarms so that when one alarm sounds, they all do. And additional interlinked, mains-wired heat and smoke alarms in the kitchen and living areas. A fire detection system complying with BS 5839: Part 6:1995: Type LD3, Grade D is recommended.

Alarm Maintenance

At the beginning of each tenancy, the landlord must ensure that the smoke and carbon monoxide alarms are working properly. This includes when a tenant moves from a fixed tenancy to a periodic tenancy, or when a fixed tenancy is renewed. During a tenancy, tenants are expected to take responsibility for their own safety and to check any alarms regularly. Monthly checks are probably adequate. Landlords should consider providing residents with a demonstration and/or instructions to support resident understanding of how, and how often, to test their smoke alarms and make sure they are in working order.

Landlords of shared houses are required to be able to produce evidence that the alarms are checked regularly and are in good working order. In addition, landlords of single-let properties must now be able to provide evidence that the alarm is in good working order at the beginning of the tenancy.

Landlords have a responsibility to repair or replace faulty alarms. They should take all reasonable steps to arrange an appropriate time to gain access to the property to make the repair. However, landlords are not expected to go to court to gain access. A letter should be sent to the tenant explaining the legal requirements for access and if that fails, a log of access attempts should be kept.

Tenant Responsibilities

Tenants are responsible for checking that their alarms are working properly during their tenancy. If tenants find that their alarms are not in working order, they should firstly replace 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 their landlord or letting agent. New Mills Properties’ tenants should report faulty or non-working alarms via the repair and maintenance portal https://newmills.fixflo.com/.

 

Previous research has shown that landlords find these regulations difficult to understand and many struggle to comply with the regulations. It is good practice to consider the smoke and carbon monoxide alarms legislation as a minimum standard. The best landlords will go beyond this to ensure that their tenants are safe in their home. At New Mills Properties we will continue to ensure that our landlords are aware of and comply with the latest legislation. And we will remind tenants of their responsibilities with regard to checking alarms on a regular basis.

For more information see the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants and our post about Fire Safety for Landlords.