THE NEW REGULATION
On 11 March 2015 it was announced that landlords would be required to install and check smoke and carbon monoxide alarms in their residential properties. New regulations were passed by both Houses of Parliament on Monday 14 September 2015. The Regulations effect England only and came into force on 1st October 2015.
The Government has introduced the Smoke and Carbon Monoxide Alarm Regulations (2015) to make landlords in the private rented sector in England responsible for ensuring that smoke and carbon monoxide detectors are appropriately installed and are in proper working order at the start of a new tenancy.
To avoid the possibility of up to £5000 fixed penalty notice, please see below the best course of action.
WHAT LANDLORDS NEED TO DO:
As of 1st October 2015 landlords will need to ensure that a smoke alarm is fitted on every floor of their property where there is a room used wholly or partly as living accommodation. They will also need to put a carbon monoxide alarm in any room where a solid fuel is burnt, such as wood, coal or biomass and includes open fires. It does not include gas, oil or LPG. Landlords or agents acting on behalf of the landlord will then have to ensure that the alarms work at the start of each new tenancy. For example by pressing the test button until the alarm sounds. If a Landlord is unable to be present to carry out this test, an agent on their before or even the tenant themselves could test the alarm and sign a declaration to say it was working at the start of the tenancy.
During the tenancy it is a tenant’s responsibility to ensure the alarms work and it is their responsibility to change the batteries during the tenancy. However, should the alarms become faulty during the tenancy landlords are responsible for replacing them.
You may find that some devices are battery powered, while others are mains powered. The law doesn’t specify between the two, they just need to be in good working order. But if you plan on getting a mains powered alarm(s), you may want to factor in the additional costs of an electrician to install them.
IMPACT ON LANDLORDS:
Local authorities are now responsible for enforcing the new rules. If your local authority thinks that you have not implemented the new rules correctly they will issue a notice advising you what to do to resolve the problem. The local authority must give the notice within 21 days from when they believe a landlord has breached the rules. You then have 28 days to respond and/or make good what is needed to comply.
ENFORCEMENT:
Local housing authorities have the right to impose a fixed penalty charge of up to £5,000 on landlords who do not comply with the rules.
Please do contact Land Partners if you have any questions or would like further assistance with this.
01376 328297
