Landlords - Do you know about the new regulations from October 2022? Don't get a £5,000 fine!
Make sure that your property is compliant when The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 come into force on 1 October 2022.
The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 will come into force on 1 October 2022. From that date, all relevant landlords must:
1. Ensure at least one smoke alarm is equipped on each storey of their homes where there is a room used as living accommodation. This is already a legal requirement in the private sector, but now extended to the social housing sector too.
2. Ensure a carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers).
3. Ensure smoke alarms and carbon monoxide alarms are repaired or replaced if a tenant informs the landlord or agent that there's an issue.
The requirements are enforced by local authorities who can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice.
What type of alarm will need to be installed?
It's not stated in the regulations that alarms need to be hardwired into the building, according to the guidance. Landlords and agents are advised to use alarms with "sealed for life" batteries rather than alarms with replaceable batteries, where possible.
Who's responsible for testing the alarms?
Landlords and agents will need to ensure that the alarms are checked and are in full working order on the "day the tenancy begins if it is a new tenancy." The landlord or agent will also need to keep proof of this check. Tenants are advised to replace batteries where necessary. However, if the alarm still doesn't work after doing so, they should let their landlord or agent know.
Where do smoke alarms need to be located?
The regulations do not stipulate where the alarms should be placed.
At least one smoke alarm should be installed on every storey which is used as living accommodation.
Landlords should follow the individual manufacturer’s instructions when installing the alarms. However, in general, smoke alarms should be fixed to the ceiling in a circulation space, i.e. a hall or a landing
Where do carbon monoxide alarms need to be located?
The regulations do not stipulate where the alarms should be placed.
A carbon monoxide alarm should be installed in every room which is used as living accommodation containing a fixed combustion appliance (excluding gas cookers).
Landlords should follow the individual manufacturer’s instructions when installing the alarms. However, in general, carbon monoxide alarms should be positioned at head height, either on a wall or shelf, approximately 1-3 metres away from a potential source of carbon monoxide.
I’m a private landlord and my tenant won’t let me into the property to install or repair an alarm. What should I do?
We know that getting access to do repairs and maintenance work can sometimes be difficult for landlords.
The existing regulations are clear that landlords must take all reasonable steps to comply with a remedial notice but are not expected to go to court to gain access in order to be compliant. Landlords should be able to demonstrate that they have taken all reasonable steps to comply to Local Authorities.
For example, landlords should write to their tenants to explain that it is a legal requirement to install the alarms and that it is for the tenant’s own safety. Landlords should try to arrange a time to visit that is convenient for the tenant, and keep a written record of access attempts to provide to the local housing authority if required.
Landlords should attempt to understand why tenants cannot or will not provide access and work with them to find a solution
What's the penalty for non-compliance?
Local authorities will be given the authority to enforce these regulations, with fines of up to £5,000 for any landlords that don't "comply with a remedial notice”.
If you're a landlord and you have any questions about this legislation, get in touch with our lettings manager Charlotte and she will be able to help you. 01708 766241 or charlotte.fair@keysandlee.co.uk
This article is intended as a guide only. For more information on the proposals, see gov.uk.