As a landlord, you are responsible for protecting your tenants from health and safety risks while living in your property. Complying with fire safety regulations is one of these duties, so it is essential to understand your obligations and to keep up to date with any changes to legislation.
In October 2022, there were some updates to the fire safety regulations that landlords must comply with. This article explains the existing requirements, including the recent changes to smoke and carbon monoxide alarm regulations. Landlords in Essex, with properties in areas such as Harold Wood, Romford and Hornchurch, should continue reading to avoid any consequences of non-compliance and keep their tenants safe.
What are the landlord smoke alarm requirements in the UK?
In October 2015, legislation (The Smoke and Carbon Monoxide Alarm (England) Regulations 2015) was introduced for private sector landlords of rented homes to have at least one smoke alarm installed on each storey of their rental property used for living accommodation.
From October 2022, this requirement also applies to landlords of social rentals. The landlord is responsible for repairing or replacing smoke alarms once a fault is reported. Heat detectors are insufficient fire safety measures; each storey must have a working smoke alarm.
What is the carbon monoxide legislation for landlords?
The carbon monoxide legislation stipulates that a carbon monoxide alarm must be provided in any room used as living accommodation containing a fixed combustion appliance (except for gas cookers). Landlords must also ensure faulty carbon monoxide alarms are repaired or replaced when reported as defective.
From October 2022, the legislation was amended to include the requirement for a carbon monoxide alarm to be provided in any room with a fuel-burning appliance (previously, this only applied to solid fuel burning appliances). This includes appliances such as a coal fire, wooden stove and gas boiler. However, a carbon monoxide alarm would not be mandatory if an open fire has been blocked off.
Where should the alarms be placed?
The placement of the smoke alarms and carbon monoxide alarms should be as per the guidance provided by the manufacturer. Generally, this will instruct that the alarms are placed as follows:
Smoke alarms should be installed on every storey used as living accommodation. They should be fitted to the ceiling in a circulation space such as a hall or landing.
Carbon monoxide alarms should be installed in any room used as living accommodation that contains any appliance that burns fuel (or is capable of burning fuel). The CO alarm should be fitted at head height, around 1 to 3 metres from the fuel-burning appliance.
What type of alarm should I use?
While the regulations do not specify the type of alarms to install, alarms should be compliant with British Standards BS 5839-6. Ideally, they will be mains-wired instead of battery powered.
Are landlords responsible for checking alarms?
It is the landlord’s responsibility to check that alarms are working on the first day of the tenancy and to keep proof of this. After this, the onus is on the tenant to perform checks, although landlords are advised to conduct annual property checks, including testing the alarms. Landlords must also have a yearly gas safety check performed by a Gas Safe Registered engineer, including testing the smoke alarms in working order.
Landlords should provide their tenants with the manufacturer’s instructions for smoke detectors and carbon monoxide alarms, and tenants are advised to replace batteries themselves. However, if they replace the batteries and the alarm is still not working, they should report the issue to the landlord immediately.
With effect from October 2022, landlords are legally required to arrange for the repair or replacement of an alarm once notified by a tenant, and this should be done as soon as reasonably possible.
What if my tenant doesn’t allow access?
Landlords must make all reasonable attempts to repair or replace alarms after receiving notification of a defect. This includes contacting tenants in writing to explain their legal requirements to enter the property and arrange remedial action. They should also emphasise that the work is paramount to the tenant’s safety.
Landlords should keep a record of the written correspondence and details of other ways they attempted to obtain access. This will enable landlords to provide evidence to the local authority that they have made reasonable attempts to access the property to ensure their property has alarms in proper working order.
What are the penalties for not complying?
Given the severe consequences of not having a working smoke alarm or carbon monoxide alarm, it is no surprise that non-compliant landlords will be issued with hefty fines. Local authorities can issue a fine of up to £5,000. A civic penalty of up to £30,000 for licensed properties may be issued for non-compliance with fire safety regulations.
Navigating the legal responsibilities of being a landlord can be challenging. If you have a property in Romford, Dagenham, Harold Wood or Upminster, we’re here to help you with all aspects of renting your property out. Get in touch, and we can help ensure you
