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How Landlords Need To Look After Their Tenants

View profile for Sara Garnett
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The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (“the Regulations”) came into force on 1 October 2015 and and had to be complied with immediately.

Who Do The Regulations Apply To?

The Regulations apply to landlords of residential properties and apply to any tenancy, lease or licence of residential property in England which gives somebody the right to occupy all or part of the property as their residence in return for rent.

 

What Do Landlords Need To Do?

  • Have at least one smoke alarm installed on every floor of the property which is used as living accommodation; and
  • Have a carbon monoxide alarm in any room used as living accommodation which contains an appliance that uses solid fuel.  Landlords  are not required under the Regulations to install carbon monoxide alarms  in rooms with gas or oil appliances but are encouraged to do so; and
  • Ensure that these alarms are in working order on the first day of each new tenancy (they do not need to be checked by the landlord on the renewal of a tenancy).  A landlord will need to retain evidence that the alarms have been checked and we would recommend that this forms part of the hand over of the property to the tenant and that the tenant is asked to sign a certificate to confirm that they are in working order.

 

When Do The Alarms Need To Be Installed?

The alarms needed to be installed by 1 October 2015.  They also need to be installed even if the property is let under an existing  tenancy and  landlords will need to make arrangements with their tenants for access to enable them to fit the alarms.

 

Are There Any Sanctions If Landlords Haven't Complied?

The responsibility for enforcing the Regulations lies with the local housing authority who will be able to issue a remedial notice requiring the alarms to be fitted or tested within 28 days.  The local housing authority will also have the ability to levy a civil penalty charge of up to £5,000 on the landlord.

Please do not hesitate to contact us if you are a tenant and are concerned that your landlord is not complying with the Regulations or if you are a landlord who is having difficulty in obtaining access to fit the alarms or if you have been served with a  remedial notice or a penalty.

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