There has been an update regarding the carbon monoxide and smoke alarm guidance and Kings Group is here to provide landlords all the information they need to remain complaint.
The current regulation states that landlords must have a single smoke alarm fitted per storey and a carbon monoxide alarm where there is a solid fuel appliance, such as an open fire.
The new regulations are an updated version of the existing Smoke and Carbon Monoxide Alarm (England) Regulations 2015 which has now been updated by the Department for Levelling Up, Housing and Communities, with the new changes coming into effect on 1 October 2022.
Which revisions do landlords need to be aware of?
From the due date, landlords will find themselves with increased responsibilities around the provision of smoke and carbon monoxide alarms within their properties.
A remedial notice will be introduced alongside the update, with fines of up to £5,000 for non-compliance.
From October, landlords will have the duty of equipping any room used as living accommodation containing a fixed combustion appliance with a carbon monoxide alarm. Gas cookers are exempted from this.
Meanwhile, once a tenant notifies their landlord that a smoke or carbon monoxide alarm is faulty, any non-operational smoke or carbon monoxide alarms must be repaired or replaced ‘as soon as practically possible’. This is one of the most significant changes to come about, whereas previously it was only necessary to ensure they worked at the start of the tenancy.
Timothy Douglas, head of Policy and Campaigns for trade body Propertymark, said: “The updated regulations contain some subtle but significant changes for agents and landlords working in the PRS in England.”
“They have been coming down the line for some time, but with a firm date set for their implementation and detailed guidance now published, our advice is that letting agents start to prepare immediately.”
What type of smoke and carbon monoxide alarms are required?
There aren’t any specific regulations that state which type of alarms must be installed, such as hard wired or battery powered. If you have a battery powered alarm or you have plans on purchasing one, make sure that the alarm you choose is equipped with ‘sealed for life’ batteries rather than alarms with replaceable batteries since this is the preferred option.
It is, however, recommended that landlords make an informed decision and opt for alarms based on the individual needs of their property and their tenants. The only known requirements are that smoke alarms are complaint with British Standards BS 5839-6, and carbon monoxide alarms with BS 50291.
Who does this apply to?
Currently, the amendments only apply to England and includes all tenancies presently in place, which also includes both private and social landlords. There are some tenancies that are exempted, including shared accommodation with a landlord or landlord’s family, long leases and student halls of residence
According to the government’s guidance, unlicensed HMOs will be affected by the changes; however, licensed HMOs are exempt from Parts 1 to 5 of the regulations, but only because the regulations also amend the HMO licensing obligations in the Housing Act 2004 so as to implement similar requirements.
It will be up to the tenants to report any faulty devices to the landlord or agent, and it will therefore be their responsibility to test their alarms throughout the duration of their tenancy.
The government states that the new updated regulations, which will now be known as Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, should be considered alongside other relevant laws on carbon monoxide and fire safety in rented accommodation. These include:
How do landlords prove the alarms have been tested?
As with the previous regulation, alarms should be tested at the start of the tenancy and it’s the landlord’s responsibility to keep a well-documented record of when alarms are tested thereafter.
As always, an inventory and check-in should be arranged at the start of the tenancy which will include smoke and carbon monoxide alarm testing. The report will set out the condition of the alarms, and the tenant should sign this if they are happy they are in good working order.
With all these new regulations coming into play you need to work with an experienced, reputable letting agent. Here at Kings Group, we can help you to remain compliant and get the most from your tenancies.
For more information on how we can assist you on your letting journey, please contact one of our branches in Essex, London or Hertfordshire today.
We also offer a free and instant online valuation to give you an idea of how much your home could be worth on the current market/how much you could be charging in rent.
