New Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – Guidance for Landlords

cropped-Jonathan-Leach.jpgWatson Ramsbottom Director Jonathan Leach provides an update on the recent private rental changes and the requirement to install detectors and / or alarms in accordance with the Energy Act 2013 and the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. The possibility for complications for landlords and agents if not properly informed is high, and the consequences potentially severe.

Below is our guide for landlords to help avoid some of the more obvious pitfalls from the new legislation.

After 1st October 2015

The government introduced the requirement on landlords to install carbon monoxide detectors and smoke alarms in the Energy Act 2013 (section 150). However, they deferred implementation to a later stage when specific rules would be brought into force.

These rules were provided under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (‘the Regulations’).

The Regulations provide that from 1st October 2015 all properties rented to one or more tenants (unless specifically excluded, see below) must contain (section 4):

A smoke alarm on each storey;

  1. A carbon monoxide detector in each room contained a solid fuel burning system (e.g. coal fire or wood-burning stove)

If you have not fitted the correct detection equipment the local authority can serve s notice requiring action within 28 days (section 5) and can fine landlord who do not comply up to £5,000 (section 8).

Exclusions to the rules include student halls, hostels, care homes, refuges and hospices.

If you have any queries or concerns then please contact the head of our Housing team Jonathan Leach on 01254 350126.