Landlord’s obligations: extension to the smoke and carbon monoxide alarm regulations

The Government has published its response to its consultation on proposed amendments to the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (SI 2015/1693) (the “Regulations”). The Regulations set out the rules for domestic smoke and carbon monoxide alarm regulations for rented accommodation in England. As a result of the response, it is now expected that the scope of the Regulations will be extended to include public sector landlords and there will be additional requirements which both private and public sector landlords will have to abide by.

The key changes to be aware of are:

• public landlords must ensure that at least one smoke alarm is installed on each storey of an individual property (this brings them in line with the private rented sector)
• carbon monoxide alarms must be installed in any room with a fixed combustion appliance (excluding gas cookers) in both private and public rented properties
• carbon monoxide alarms must be installed in any property when any new fixed combustion appliance (excluding gas cookers) is installed in both private and public rented properties
• landlords must repair or replace alarms once they are informed that they are faulty (residents will remain responsible for testing the alarms and replacing batteries where the alarms are not mains connected)

The Government will also amend the statutory guidance (which has the title ‘Approved Document J’) supporting Part J of the Building Regulations relating to where alarms are fitted and to ensure that alarms meet relevant standards.

These extended Regulations will come into force as soon as parliamentary time allows and once in effect, there will be no grace period given for compliance.

Russell-Cooke advises landlords on all aspects of residential property litigation. If you would like more information on this topic please contact Stephen Small, or anyone from the property and housing litigation team.