Smoke Alarms & Carbon Monoxide

From the 1st October 2015 regulations require smoke alarms to be installed in rented residential accommodation and carbon monoxide alarms in rooms with a solid fuel appliance. Changes are also made to the licence requirements in relation to houses in multiple occupation (HMOs), such as shared houses and bedsits which require a licence and also in relation to properties which are subject to selective licensing. The Regulations apply both to houses and flats. Failure to comply can lead to a civil penalty being imposed of up to £5,000.

These provisions only apply in England; not Wales.

Who is affected?  The requirements are imposed on the immediate landlord. There is an exemption for providers of social housing. A tenancy includes a licence to occupy a residential premises and it also extends to subletting for these purposes.

In the case of a licensed HMO or where there is a selective licensing it is the responsibility of the licence holder to ensure that mandatory conditions imposed in relation to the installation of alarms are complied with.

The premises affected  These duties apply to residential premises which means premises all or part of which comprise a dwelling. Thus, it will apply to a flat over a shop. If the property is a licensed HMO or subject to selective licensing there are mandatory conditions imposed on licences.

The premises must be let under a specified tenancy or a licence. This is a tenancy or licence of residential premises which grants one or more persons the right to occupy premises as their only or main residence. Rent or a licence fee must be payable.

There are various exemptions:-

• A tenancy under which the occupier shares any accommodation with the landlord or a member of the landlord’s family. There must be a sharing of an amenity which includes a toilet, personal washing facilities, a kitchen or a living room but excludes any reference to storage or access.
• A tenancy which is a long lease or which grants a right of occupation of the premises, i.e. for more than 21 years.
• Student halls of residence.
• Hostels
• Care homes
• Hospitals
• Accommodation relating to health care provision

Requirement for Smoke alarms

During any period beginning on or after 1st October 2015 while the premises are occupied under a tenancy (or licence) the landlord must ensure that a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation. A living room will include a lounge dining room and kitchen as well as a bathroom or toilet. It also includes a hall or landing. This means that a smoke alarm must be provided in working order on each storey. The RLA takes the view that mezzanines are caught by this legislation where they contain a room used wholly or partly as living accommodation, including a bathroom or toilet. As regards individual flats located on one floor then there will have to be at least one alarm within the flat itself or alternatively are provided outside the flat on the same floor of the building, i.e. a communal alarm.

Likewise, for flats comprising more than one storey there will need to be a smoke alarm on each floor.

It is the location of an alarm which sounds which is crucial; not the positioning of detectors.

The Regulations do not stipulate what kind of alarm is required. Ideally it should be a hard wired alarm system. It can, however, be a single standalone alarm. Landlords are recommended by the RLA to fit ten year long life tamper proof alarms, otherwise there is a problem of batteries being taken out and not being replaced.

As a final note, heat detectors are not considered sufficient. It will have to be a smoke detector.

Carbon monoxide alarms

Additionally, landlords must ensure that there is a carbon monoxide alarm fitted in any room that is used partly or wholly as living accommodation which also contains any appliance which burns, or is capable of burning, solid fuel. This would include log and coal burning stoves and open fires, even if they are not normally in use, but does not include gas and oil boilers. If an open fireplace is purely decorative and not useable then it is not covered by the regulations.

Gas is not a solid fuel and so there is no requirement to fit one near a gas boiler. It is still advisable as best practice however.