Landlord Products / Services
Apologies in advance for what will probably unravel to be one of the most mundane and disengaging blog posts of the year. I wouldn’t wish this article upon my worst enemy, because there’s absolutely nothing exhilarating about a couple of inanimate devices that you can’t install apps or watch porn on.
However, I’d be remiss if I didn’t discuss the important ‘Smoke and Carbon Monoxide Alarm Regulations‘ for Landlords in England, despite how devastatingly uninteresting and unamusing they are.
Okay, let’s roll the tape…
Page contents
- Landlord Smoke and Carbon Monoxide Alarm Regulations explained
- Official Government Documentation & Guides
- What if I don’t comply?
- Smoke and Carbon Monoxide Alarm maintenance
- Carbon Monoxide Alarms in detail
- Buy Suitable Alarms
- Landlord Smoke & Carbon Monoxide Alarm Receipt of Acknowledgement Form
- Download Landlord Smoke and Carbon Monoxide Alarm Receipt of Acknowledgement Form
Landlord Smoke and Carbon Monoxide Alarm Regulations explained
All single-let and unlicensed HMO residential landlords in England are required to comply with what has been labelled by some of the more dramatic souls in our circle as the “life saving law“, as per the following regulations:
- The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – came into force on 1 October 2015.
- The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 – came into force on 1 October 2022 (this is essentially an update, which introduces a few tweaks).
What you need to do to comply…
The key takeaways [for landlords in England]…
Applies to tenancies that started on or after 1st October 2015…
- Install a smoke alarm on each floor of the premises on which there is a room used wholly or partly as living accommodation.
- Equip a carbon monoxide alarm in any room of the premises which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance.
- Check that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy.
Applies to tenancies from 1st October 2022…
- Install a smoke alarm on each floor of the premises on which there is a room used wholly or partly as living accommodation.
- UpdatedEquip a carbon monoxide alarm in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers/hobs).
- Check that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy.
- NewEnsure smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty, which must be carried out by or on behalf of the landlord as soon as “reasonably practicable”.
Definitions
living accommodation
Rooms used as living accommodation include lounges, dining rooms, kitchens, bathrooms and separate toilets. It also includes a hall or landing.Source: NRLA
Please, note point #2 from each set of regulations, solid fuel burning combustion appliance Vs fixed/fixed combustion appliance, because it’s terribly easy to go unnoticed.
Fixed combustion appliance
This means a fixed apparatus where fuel of any type is burned to generate heat. Typically, these appliances are powered by gas, oil, coal, wood, etc., for example, gas or oil boilers, or log-burning stoves.In the department’s view, a non-functioning purely decorative fireplace would not constitute a fixed combustion appliance.
Source: Gov guidance notes
Solid fuel burning appliance
Any fireplace, wood burning heater or coal stove or structure that burns wood, coal or any other nongaseous or nonliquid fuels, or any similar device burning any solid fuel used for aesthetic, water heating or space heating purposes.Source: lawinsider.com
What this all means in practical terms…
The good news is not that much has changed, at least from I can tell, and no one should be hyperventilating into a brown paper bag and wondering where it all went wrong.
Essentially, from 1st of October 2022, the requirement for a CO alarm will extend to properties with a fixed apparatus where fuel of any type is burned to generate heat and powered by gas, oil, coal, wood, etc (remember, excluding gas cookers/hobs). This means that almost all rental properties, other than those that have entirely electric heating, will need at least one CO alarm.
Nothing seems to have changed in regards to smoke alarms.
In addition to ensuring any prescribed alarms are in proper working order on the day a new tenancy begins, the amended regulation stipulates that the landlord must ensure alarms are repaired or replaced once informed or found faulty. Presumably, many landlords, if not most, thought that was already part of the deal (because I certainly did), and most sane landlords won’t reserve practising such bog-standard safety measures for new tenancies that commence from the 1st of October 2022. That would be mental.
No, you cannot get your tenant to fit the alarms.
To clarify, it is the landlord’s responsibility to ensure the regulation is complied with, not the letting agents or anyone acting on behalf of the landlord. Although, I believe all competent agents should have informed their landlords of the regulation and amendment, and helped facilitate with compliance if necessary. If they haven’t, it might be worth going medieval on their asses; walk into their office with your own blood smeared over your face (because that’s glaringly scary and psychotic) and start smashing shit up with a sledgehammer, while demanding to know what you’re paying them for.
That’s what I’d do anyways.
Official Government Documentation & Guides
Fortunately, the Government has published guidance for landlords and tenants in plain English on their website – that means I get to palm you off towards that direction for the nuances. Yay! I definitely recommend that ALL landlords read it.
It includes useful guidance (and covers nuances that I won’t bother repeating):
- Types of alarms to use
- How to test alarms are working
- What tenants should do if they find their alarm isn’t working
- Which tenancies are exempt from these regulations (e.g. shared accommodation with a landlord or landlord’s family, long leases, students halls of residence etc.)
- ..etc
What if I don’t comply?
Good question. I also always try to determine if it’s worth dodging a few requirements if it means I’m able to fund an extra annual holiday to Magaluf.
Failure to comply can lead to a civil penalty being imposed of up to £5,000 by the local authorities. Suppose it’s also worth mentioning that lives could be saved with your compliance (because that’s nearly as important as money). According to this article on the Gov website, enforcing this legislation will help prevent up to 26 deaths and 670 injuries a year.
Unfortunately, in this case, I’m not convinced the gamble of going without is worth it, so you may as well do as you’re told and roll over.
It has been emphasised that there is NO grace period, so landlords that have tenancies that started before October 2015 MUST comply by that date, and tenancies that start on or after October 2015 must be compliant when a tenancy begins!
Landlord Smoke and Carbon Monoxide Alarm maintenance
You may notice there’s nothing mentioned about “maintaining” the devices, only ensuring they’re in proper working when a new tenancy begins. The guidance notes say, “After the landlord’s test on the first day of the tenancy, tenants should take responsibility for their own safety and test all alarms regularly to make sure they are in working order.”
However, some level of maintenance by the landlord before a new tenancy begins, in-between tenancies and perhaps during property inspections isn’t a bad idea and can prove to be beneficial.
- Airborne dust and contaminants can interfere with an alarm’s ability to detect smoke/toxins, so it’s important to clean all detectors in accordance with the manufacturer’s instructions. There are plenty of resources available online (e.g. YouTube tutorials), which will guide you through efficient maintenance practices. Do a little research.
- Even with regular cleaning and battery changes, smoke and Carbon Monoxide detectors don’t last forever. Old devices can randomly fail, even if they “look” clean enough to eat your dinner off of and/or use as a prop for your exciting and imaginative sex-life. I read somewhere that it’s recommended to change them every 10 years.
- If you’re a new landlord that has just purchased a new property and you’re not sure of the history of any installed alarms, it might be worth replacing them with new ones.
Carbon Monoxide Alarms
Most sensible landlords will already supply smoke alarms, but you’ll be forgiven for neglecting Carbon Monoxide alarms, because they’re equivalent to the ugly sister- rarely ever spoken about or touched unless completely intoxicated, and by the morning- you don’t even want to remember.
Smoke alarms detect smoke generated by flames, while Carbon Monoxide alarms detect dangerous Carbon Monoxide (which is a toxic gas) levels, which can be caused, for example, by malfunctioning fuel-burning appliances (e.g. log burning stove). I don’t really understand the technicalities, but the devices sound useful.
You can buy smoke alarms and Carbon Monoxide alarms as separate devices, but you can also find dual purpose devices, which act as smoke and Carbon Monoxide detectors. They’re all pretty inexpensive, ranging from approx £15 and upwards. But generally, I don’t see any reason to spend more than £50 on both devices. Either way, I think we can all agree they’re relatively cheap life-savers (and property-savers).
Needless to say, similarly to when any new legislation is introduced, I’m sure many letting agents will try to take advantage of the situation by conjuring up spectacularly creative ways of profiteering from it. So, if for example, you’re explicitly told that you need some special kind of device that is only accessible through their supplier(s) and can only be installed by their recommended tradesman, just give them the finger and be on your merry way. Similarly, if they try and schedule in their own contractor and try and charge you an arm and four donkeys for it! Trust me, it’s happening.
I did a quick search on Amazon, and this appears to be their best selling Carbon Monoxide alarm…
And here’s a dual purpose device, which detects smoke and Carbon Monoxide levels…
(On a side note, when I ordered my Amazon search results by Low to High price, a dozen of the same double pack with slightly varying names appeared for just £8.49. None of them have any rating and the price makes me believe they’re all knock-offs made out of cheese. I’m mentioning this as a courteous warning to any ambitious bargain hunter – I would avoid.)
You may find that some devices are battery powered, while others are mains powered. The law doesn’t specify between the two, they just need to be in good working order. But if you plan on getting a mains powered alarm(s), you may want to factor in the additional costs of an electrician to install the little buggers.
All my properties have main powered smoke alarms and I’ll be supplying separate battery powered Carbon Monoxide alarms to those that don’t already have them.
Landlord Smoke and Carbon Monoxide Alarm Receipt of Acknowledgement Form
Still awake? Cool. Not long left now. You’ve done well to last this long.
Let’s move onto good practice and protecting your ass against finger-pointing and alleged negligence. I’d be remiss if I didn’t encourage self-preservation. Obvs you’re far too important to me, so I wouldn’t skip the part that could potentially keep you out of prison.
At the beginning of a new tenancy it would be wise to keep a written record of the following:
- 1) There is a working smoke alarm on each floor;
- 2) There is a working carbon monoxide alarm in each required room;
- 3) All devices have been properly tested.
In fact, it’s recommended as per the Gov guidelines:
How should landlords prove that they have tested alarms at the start of a tenancy?
It is the responsibility of landlords to keep a record of when alarms are tested.
If you have a good inventory which covers those points, then cool. If not, you can download the template receipt of acknowledge form that’s available further down this page, which is the one I personally use.
Your thoughts…
So, here’s a riveting question that will transform your knickers into a delicious soggy mess… What are your thoughts on the legislation? Is there anything you wish to add?
Grab the mic and say your piece!
If this blog post has you on the edge of your seat and gasping for more (which would be totally unimaginable), you maybe interested in the Landlord Legal Responsibilities, Obligations & Regulations post, which covers a lot more of the cool landlord requirements.
Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. I'm a doofus. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You should definitely get advice from a qualified professional for any legal or financial matters. For more information, please read my full disclaimer.
Fuck, that was boring.
Didn't want to disappoint you on the first post. Who is bat shit crazy enough to have a solid fuel burning combustion appliance in a rental? All my appliances (save the boiler) are electric.
You could have started with the £5000 and saved me having to read the rest.
Clear and useful post - as ever. Thx.