Carbon monoxide and smoke alarm regulations

By Anna Hughes, Consultant Chartered Legal Executive at Woodstock Legal Services

Fire safety should be a priority to landlords – working alarms save lives. The safety of tenants is paramount but inadequate fire safety can also result in uninhabitable properties, costly time-consuming repairs and loss of rent for any period the property in unoccupied as a result of a fire.

Current legislation stipulates private landlords are required to fit one battery-operated smoke alarm per storey and a Carbon Monoxide alarm in any room which contains a solid fuel-burning combustion appliance except for gas cookers. Landlords are also expected to make sure that the alarm works as expected at the start of any new tenancy.

What’s changing?

The government has released draft legislation which is anticipated to be implemented in October 2022.

The main change for private landlords is the Carbon Monoxide alarm requirement. There is a wider duty to the previous requirement. The New Regs stipulate that during any period when the premises are occupied under the tenancy, a smoke alarm should be equipped on every storey where there is a room used as living accommodation and a Carbon Monoxide alarm will be required where there is any fitted combustion appliance.

What does this mean for landlords?

In practice, this means that almost all rental properties (other than those that have entirely electric heating) will need a Carbon Monoxide alarm of some description.

In addition, there is a new provision requiring a landlord to ensure that when a tenant (or a tenant’s nominated representative) reports that an alarm may not be in proper working order, and the alarm is found not to be in proper working order, the alarm must be repaired or replaced. The landlord must carry out the new requirements as soon as reasonably practicable.

Although these Regulations are still in draft, it is very likely they will come into force as drafted. Agents must take action now to make their landlords aware of the upcoming changes and help landlords identify those properties that need attention to comply with the new Regulations.

It is imperative that agents/landlords ensure that they conduct regular inspections and maintenance at properties to ensure compliance with fire safety legislation.