We knew it was coming, it still isn’t certain but is pretty damn close.
I am talking about the new smoke alarm installation regulations due to come into force on 1 October requiring all landlords to instal smoke alarms in their properties by 1 October.
Advance Guidance
In advance of approval of the new regulations by Parliament, the Government has issued (having noticed that 1 October is not far off) a short guide which you can find here.
EVERY landlord must read this, but here is a short summary just to help you on your way.
What do you need to do?
- You need to instal a working smoke alarm on every storey of your property being used for ‘living accommodation’ and
- Instal a carbon monoxide alarm in any room used as living accommodation where solid fuel is used.
Every landlord will need to have this done by I October for all existing tenancies, and for all new tenancies starting after that date. Note:
There is no grace period for smoke alarm installation after 1 October
So even though we STILL don’t know if the regs will come into force, you should start dealing with this NOW.
NB These regulations only apply in England.
A few points on the requirements:
- Landlords are responsible for ensuring that the alarms are working at the start of the tenancy. Tenants are responsible for looking after them during the tenancy.
- There must be a smoke alarm on every ‘storey’ used for residential accommodation. We are told that mezzanines don’t count
- We are told that ‘living accommodation’ includes bathrooms and toilets.
- However, we are not told whether it also includes areas which are just used for storage (like some basements or lofts). It would perhaps be prudent to instal them there as well at the same time – just in case.
- It is up to the landlord to decide whether their alarms should be hardwired or battery powered and where in the room they go
- ‘Solid fuel’ means coal or wood, not gas or oil. Although carbon monoxide alarms are recommended for rooms with gas or oil heating, they are not compulsory.
The regulations do not apply to
- Live in landlords (ie people taking in lodgers)
- Social landlords
- HMO landlords (but only because they are subject to similar rules under the HMO regs)
- Landlords of long leases (which means leases with a term of 7 years or more) – although if the owner of the long lease rents it out, the regs will apply to him
- etc (there is a schedule here)
Enforcement
This will be by Local Authorities. The procedure appears to be as follows:
- If a landlord is in breach, the Local Authority will issue a remedial notice requiring the landlord to fit the alarms within 28 days
- The landlord must take all reasonable steps to comply, but the regulations say this does not include legal proceedings – presumably this means that landlords will not be expected to apply for an injunction or evict tenants who won’t let them in to do the installation
- If the landlord fails to fit the alarms (and have not taken all reasonable steps) the Local Authority can (subject to the tenant granting them access) arrange for this to be done and serve a penalty notice on the landlord for a sum of up to £5,000*
- If the landlord thinks this is unfair he can ask for the notice to be reviewed and then (if it is not withdrawn) appeal to (what is colloquially known as) the Residential Property Tribunal
* This rather looks as if the Local Authority is going to be expected to get the work done itself if the landlord doesn’t. I can’t see anything about claiming their costs back from the landlord for doing this work to his property, but no doubt this is covered somewhere.
In conclusion
These regulations are not law yet, but in view of the shortness of time (October is just weeks away) and the fact that there is no grace period, landlords need to get a move on.
These alarms need to be installed in ALL their properties, including the ones which have been tenanted for years.
- If you want to take a look at the regulations they are here.
- The government guidance document is here..
Smoke alarm supply and installation companies are in for a profitable period …
And finally, the good news
A certain amount of free alarms are available from local fire and rescue services. You can find out how to get them here.
Update – 17 September
I have now been informed that the regulations have been passed by Parliament.
There is a question mark as to whether existing tenancies need to have the alarms fitted or whether it is just new tenancies taking effect after 1 October. The guidance specifically says in FAQ 15 :
15. Do the regulations apply where the premisies are let under an existing tenancy?
Yes. The regulations will require private sector landlords to install at least one smoke alarm on each storey of the premises, and a carbon monoxide alarm in any room containing a solid fuel burning appliance, with effect from 1 October 2015.
So in view of that unequivical statement, landlords would be best advised to get this work done asap.
“This rather looks as if the Local Authority is going to be expected to get the work done itself if the landlord doesn’t. I can’t see anything about claiming their costs back from the landlord for doing this work to his property, but no doubt this is covered somewhere.”
Standard procedure for ‘Works in default’ is to add a third to the costs of parts and fitting as admin fee.
HOwever short of having a council officer knock on every door of their borough absences of alarms is only going to come to light during routine home visits for one reason or another, or alternatively councils could adopt a targeted approach, for instance by identifying all relevant properties thorugh housing benefit and council tax, obviously discounting live in landlords, social landlords, HMO landlords etc etc, which, given council staffing levels these days is laughable to even consider.
Also it is common practice for many tenants to remove the batteries to stop the things going off all the time, which would also entail the visiting council officer to not only see if an alarm is fitted but also test the bloody things.
I’m all for improving safety but the enforcement burden on councils is just another example of un-workability of legislation that yet again hasnt been thought through. “Oh lets just dump responsibility on local authorities – even though the cuts we impose on them in order to drive them out of business mean they dont have the resources”
Dreadful that these Regulations were not passed although there have been delays by Government. Why didn’t Government get on with this earlier? Why isn’t there a levy on the fuel industry to pay for prime time TV warnings about carbon monoxide (CO) poisoning? CO-Gas Safety has been asking for these since 1995!
The gas emergency service does not carry equipment to test gas appliances for CO.
Why is it so hard for an ordinary person to find someone qualified to test for CO?
To find someone to test gas appliances for CO and provide Parts Per Million of CO to the consumer the consumer has to:-
1. Access the Gas Safe Register website http://www.gassaferegister.co.uk/
2. Click on advanced search. What consumer would know how to do this?
3. Put in post code.
4. Search for firms offering ‘fumes investigation’.
5. Contact said firms and ask if they employ someone qualified under CMDDA1. If so, ask for their name and check under the GSR. Ask also how much it would cost to test appliances for CO and give PPM of CO in writing.
6. When that person turns up the consumer has to check to make sure it is the person with the qualification CMDDA1.
This article does a great job of breaking down all of the relevant information on this subject, it’s been a great help for us. Even though we’re based in Wales, we’ve had a lot of our landlords querying these new regulations. I imagine it’s only a matter of time until it comes into action in Wales so this article is great reference point to inform our clients of all the information that they need.
@Thomas Thank you! You can also see Ben and I discussing this (and other new regs coming in) on our Landlord Law TV sectin 21 episode http://landlordlaw.tv/series-1-episode-3-the-section-21-special/
Regards new law for detectors, how does this effect holiday rental cottages?……what i mean is, do the detectors have to be tested every new guest? rather than periodic testing that is required by manufacture guide line.