Profile incomplete
8:30 AM, 1st September 2022, About 2 years ago 28
Text Size
There’s just one month left before landlords – or their agent – must meet the mandatory requirement of fitting smoke and carbon monoxide alarms to their rented properties.
The rules state that all rental homes in England – including buy to lets, licensed and unlicensed HMOs – must provide a carbon monoxide alarm in rooms used as living accommodation where there is a fixed combustion appliance, such as gas heaters and boilers, by 1 October.
This stipulation also includes log-burning stoves and oil boilers.
And, for the first time, the new rules extend to social housing tenants who need a smoke alarm for each storey of their home where there’s a room being used for living accommodation.
The new rules amend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 where the requirement previously only applied to solid fuel combustion appliances, such as wood burners.
However, the rules will not extend to gas cookers.
The amended rules also include a new requirement to ensure that when a tenant reports to their landlord or letting agent that an alarm may not be working properly, the alarm must be repaired or replaced.
This is a significant change for the private rental sector because landlords or their agent will be responsible for repairing or replacing any smoke and carbon monoxide alarms once they are informed by their tenant.
All alarms must comply with British Standards BS 5839-6 for smoke alarms, and British Standards BS 50291 for carbon monoxide alarms.
Landlords or their agent must also ensure that the property’s alarms are in proper working order on the day that a tenancy starts, and they must keep a record of this.
Any breach may make the landlord or agent liable for remedial notices and ultimately a fine of up to £5,000.
Phil Turtle, the compliance director with Landlord Licensing and Defence, said: “Of course in HMOs, whether licensed or not, the alarms must be to BS5839-6 and either Grade D1 with coverage LD2 or Grade A (panel system) coverage LD2, or the landlord can expect a £20,000 to £30,000 fine under HMO Management Regulation 4.
“Landlords should be aware of their changing responsibilities come October 1st.
“While some landlords will already have compliant smoke and carbon monoxide alarms, the majority that Landlord Licensing and Defence inspects are deficient and most landlords don’t have carbon monoxide alarms for their gas boilers.”
He added: “Also, landlords may not realise the additional requirement to repair and replace these during the tenancy.
“These changes may seem small versus other legislation in the pipeline, but it’s more important than ever for landlords to be clued-up on all their legal obligations.”
For more information, the government has published its guidance, ‘Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants‘ on its website.
Previous Article
Scotland's PRS is forcing 'unappreciated landlords' out
Silver Flier
5:06 AM, 3rd September 2022, About 2 years ago
Reply to the comment left by Beaver at 01/09/2022 - 16:11
The government's ‘Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 , linked to above, contain the answers to your questions about the October deadline and the awkward tenant.
Carol Wilson
7:07 AM, 3rd September 2022, About 2 years ago
Ok thanks thats helpful, although it reiterates that the regs do not stipulate where alarms should be placed, it also says
However, in general, carbon monoxide alarms should be positioned at head height, either on a wall or shelf, approximately 1-3 metres away from a potential source of carbon monoxide.
So that's what I'll use as a metric when I check placement of existing and new CO alarms
Thanks again
Silver Flier
7:37 AM, 3rd September 2022, About 2 years ago
Carol, I also have a gas boiler inside a cupboard on the landing. The CO alarm is fixed on the landing wall just above the cupboard door.
The following information is taken from the instructions for Kidde Lifesaver Battery Carbon Monoxide Alarms.
Recommended Locations:
Install the alarm more than 2metres from
fuel burning appliances, and ideally no more
than 4metres away;
Away from draughts, such as doors and
windows;
Within hearing distance of bedrooms. If
heating appliance is in the bedroom place
the alarm at sleeping height;
If wall-mounting, install at eye-level (approx 1.5m), and at least 30cm from adjoining walls or ceiling;
If free-standing, the unit should be placed
no more than 1 metre from the ground (to
avoid permanent damage in case accidently knocked).
Not Recommended
Do not install nearer than 2metres from fuel burning appliances;
Do not wall-mount close to obstructions
(e.g. behind curtains, shelving or furniture);
Do not fit in dusty, dirty or greasy areas (e.g. garages or workshops);
Do not wall-mount within 30cm of the ceiling as this is a “dead air” space;
Avoid humid (bathrooms), cold (40°C) areas and away from sinks.
Mick Roberts
8:34 AM, 3rd September 2022, About 2 years ago
Reply to the comment left by Paul landlord at 01/09/2022 - 13:02
Please mention the name.
And advise me on this. 5+ years after I've had fitted & they break or get pulled off etc., I want to quickly go Screwfix & replace so the new same one just plugs into the one that's been there 10 years. Any advise on getting the SAME duplicate one? As there's that many, I struggle 10 years later.
More help needed as u r Landlord & electrician & tell me if the below is wrong ie. the alarms shun't start sounding when tenant runs out of electric:
I started to fit interlinked wired smoke alarms and heat detectors.
However with my demographic of tenants, predominantly on Benefits, I was unaware the following would happen.
I went round one day and said What's happened to smoke alarm?
She said I ran out of electric at 4am, battery back up starts beeping and waking me up so I ripped them down.
https://www.yorkelectric.net/faq/why-does-my-smoke-detector-alarm-when-the-power-goes-off-and-comes-back-on/
She then had NONE. I've now found out this happens when tenants constantly run out of electric, they rip down to stop the beeping, it's dark, cold, they can't see.
Me and u wouldn't run out of electric in the first place, and we'd take down gently unplugging wires as we know how much things cost. However Benefit tenants aren't me and u.
So I've done risk assessment and for my tenants, having mains powered means after a short time, they have none at all.
Having cheap battery ones, means we have much higher chance of there being a smoke alarm up after a period of time. I tried to do the right want u would think is safer thing, but alas, we are all different and I understand my tenants.
Sue Marven
11:17 AM, 3rd September 2022, About 2 years ago
Reply to the comment left by Beaver at 01/09/2022 - 14:50
Surely this is something you check when you complete your 3 monthly inspection?
Reluctant Landlord
16:16 PM, 5th September 2022, About 2 years ago
Reply to the comment left by Mick Roberts at 03/09/2022 - 08:34
interesting Mick - never thought of that issue.
Maybe I'll get an incoming tenant to now sign something extra that says specifically that battery alarms will be fitted and not mains to reduce the electric consumption for them yet completely provide for the requirement to be met.
I'd love to see a council take that to court even if SL states they have to be mains wired.
If the whole LEGAL idea is to be compliant to show proper care and health and safety of the tenant and alarms have been fitted, in date and regularly checked AND the actual tenant has agreed that he/she wants that type, then what the hell can they actually do?
They cannot show a LL was negligent in not supplying a fully working system.
Reluctant Landlord
16:19 PM, 5th September 2022, About 2 years ago
still need to be fitted if there is no boiler but a gas hob only?
Mick Roberts
16:31 PM, 5th September 2022, About 2 years ago
Reply to the comment left by DSR at 05/09/2022 - 16:16
Some of my tenants has had to write to DASH to say I'm not having wired ones up. Obviously this may change in the future when law, but many forget to ask what the actual tenants want.
Yes good point if it reduces the electric consumption.
Reluctant Landlord
16:40 PM, 5th September 2022, About 2 years ago
Reply to the comment left by Mick Roberts at 05/09/2022 - 16:31
whats DASH?
Beaver
10:57 AM, 6th September 2022, About 2 years ago
Reply to the comment left by Sue Marven at 03/09/2022 - 11:17
How often are you legally obliged to inspect?