Will the new Smoke and Carbon Monoxide Alarm (England) Regulations 2015 Affect You?
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (the Regulations) come into force on 1st October 2015 and applies to landlords of 'specified tenancies'.
What is a specified tenancy?
A specified tenancy is a tenancy which:
- grants one or more persons the right to occupy all or part of the premises as their only or main residence
- provides for payment of rent (whether or not a market rent)
- is not an excluded tenancy
Excluded tenancies include those in:
- student halls of residence
- hostels and refuges
- care homes, hospitals, hospices and healthcare provision
- shared accommodation with the landlord (for example renting a room to a lodger)
What does this mean for you?
If you are a landlord in respect of a specified tenancy, you are required to ensure that during any period when your premises is occupied under the tenancy, a smoke alarm is fitted on each storey of the premises and a carbon monoxide alarm is fitted in any room which contains a solid fuel burning combustion appliance. You must also ensure that all such alarms are in proper working order at the start of a new tenancy.
What about enforcement and penalties?
The relevant local housing authority can:
- enforce the regulations
- issue a remedial notice
- issue a penalty charge of up to £5,000 if you do not comply with the remedial notice
- secure a court order to enforce payment