The Smoke and Carbon Monoxide Alarm (England) Regulations mean landlords have a duty to ensure rented premises have:
- a smoke alarm on every floor of their property
- a carbon monoxide alarm in their properties which use or burn solid fuels, such as coal fires, wood burners, or wood-burning aga
- their alarms checked at the start of every new tenancy
The Government has produced a question and answer booklet for landlords and tenants which can be found on the Government website.
Landlords excluded from the regulations
Houses in multiple occupation and properties owned by registered social landlords among others are excluded.
Houses in multiple occupation and hostels are already covered by other legislation. Specific guidance already exists to assist these landlords to work out the appropriate standard of fire detection and alarm they need.
Enforcing landlord duties
If a landlord does not fulfil their duties, the council will serve a remedial notice which sets out:
- which duties the landlord has failed to comply with
- what action should be taken
Action is required within 28 days. If they do not agree with the notice, landlords can appeal.
Penalties for landlords failing to meet their duties
If a landlord fails to comply with the remedial notice, the council will arrange, with the tenant’s consent, for an authorised person to take the action to install the alarm. The council will also impose a penalty charge on those landlords who do not comply, which can be up to £5,000. This will cover the cost of carrying out the works and cost incurred in doing so.
If you have concerns regarding fire safety or carbon monoxide in a rented property, contact us.