Legislation for smoke and carbon monoxide alarms comes into effect on 1st October so here is an overview of the new regulations.
Do I need to get a smoke alarm?.
Yes and at least one per level of the property. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 make it a legal requirement to install at least one smoke alarm on every level of a rented residential property that is used as living accommodation. This means a smoke alarm is also needed where the hallway, landing or staircase entrance is on a separate level. This is solely the landlord's responsibility and alarms must also be tested and confirmed as fully operational at the start of a new tenancy. Responsibility then passes to the tenant for the duration of the tenancy to report any faults and to replace batteries where necessary to keep alarms in working order. Non-adherence to these regulations could result in a civil penalty fine of up to £5000 from the local housing authority.
What about carbon monoxide alarms?.
These are only a legal requirement in rental properties with a 'solid fuel burning combustion appliances'. This means that homes with a wood burning stove or a coal fire will require carbon monoxide alarm. The guidance issued to date states that a non-functioning purely decorative fireplace does not constitute a solid fuel burning combustion appliance.
What tenancies does this apply to?.
It is our understanding that this applies to all tenancies in place as of 1st October 2015. We also understand that there will be no grace period for compliance so immediate action is needed if your residential rental property in England is currently occupied. If your property was built after 1991 then under building regulations there should be a mains wired smoke alarm installed in the fabric of the rental unit, but the obligation to test and ensure alarms are in working order at the start of each tenancy will still apply to you.
Exemptions.
The following scenarios are exempt from this legislation:
- Where the tenant shares accommodation and living facilities with the landlord
- Tenancy Agreements for a fixed term of 7 years or longer
- Student halls of residence
- Hostels and refuges
- Care homes
- Hospitals and hospices
More information regarding the legislation can be found via the government website here
Want to get Foxtons to install your alarms and gain access to other managed services? See our managed services here.
