New regulations for Landlords in England - 2022

Smoke and Carbon Monoxide Alarm (England) Regulations 2015

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force on 1st October 2015 detailing legal requirements in the private rental sector in England. The aim was to make rental homes safer and to protect tenants from death or injury in the home caused by smoke and carbon monoxide poisoning. Since the introduction of these regulations, private landlords in England have been required to:

• ensure smoke alarms are installed in any rented residential accommodation
• ensure carbon monoxide alarms are fitted in every room with a solid fuel heating appliance, where a solid fuel such as wood coal or biomass is being burned – including open fires.

These 2015 regulations only required landlords to ensure that these alarms are in working order on the first day of a new tenancy. However, new reinforced regulations have been introduced this month following a consultation on general property condition in the private rented sector. The updated regulations contain some subtle but significant changes which effect all landlords in England.

Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

Essentially the existing regulations of 2015 remain with some amendments and further clarification. The new 2022 amended regulations apply to both houses and apartments in both the private and social sectors. ARLA Propertymark, with whom we are a member, summarise the keys changes as follows:

• All landlords must now ensure a carbon monoxide alarm is provided in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers)
• All landlords will be legally obligated to ensure smoke alarms and carbon monoxide alarms are repaired or replaced once they are informed and the alarms are found to be faulty.

Government guidance doesn’t state where alarms should be installed. However, it outlines that, “in general”, smoke alarms should be “fixed to the ceiling in a circulation space”, such as hallway or landings, whilst it advises 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”. Smoke alarms should comply with British Standards BS 5839-6, while carbon monoxide alarms should comply with British Standards BS 50291. On a practical level, our competent gas engineers have been recommending for the installation of carbon monoxide alarms where there is a gas boiler, though there has been no legal requirement to do so. As such many landlords will already be compliant with the new rules as installation of alarms has always been considered best practice and something we have actively encouraged as agents.

Our Managed Landlords

At VitalSpace, our property managers will ensure that all our landlords remain ahead of legislation and most importantly, compliant. We have therefore asked our maintenance team to check that all managed properties have smoke and carbon monoxide alarms where required and that they are in working order. A compliance check will also be created to ensure we are aware of the age of all alarms within our landlord’s properties. If an alarm is not working or present, we can arrange installation to ensure compliance and protection of both tenants and landlords. As the case with the majority of our home electrical devices, smoke alarms cannot last forever. This is the case with smoke alarms. The sensors will degrade over time, leading to a reduced sensitivity in detecting heat or smoke. It is seen as best practice to replace smoke alarms every 8 – 10 years.

Give us a call

If you require any further help or guidance on this matter, or indeed any other aspect of current lettings legislation, please do not hesitate to contact us. Simply contact us, we would be delighted to help.