From October, it will be mandatory for landlords in England to provide a smoke alarm on each storey of a premises used as living accommodation and a carbon monoxide alarm in any room of a premises used as living accommodation that contains a solid fuel appliance. They must also check that every alarm is in proper working order at the start of every new tenancy.
There are, however, a considerable number of exemptions. They do not apply to;
- A registered provider of social housing under the Housing and Regeneration Act 2008.
- A tenancy under which the tenant shares any accommodation with the landlord or a member of their family.
- A ‘long lease’ as defined (usually for a fixed term of 21 or more years).
- A lease that grants a right of occupation for 7 years or more.
- Student halls of residence.
- Hostels and refuges, in some situations.
- Care homes.
- Hospitals and hospices.
- Accommodation provided as a result of a duty imposed on a relevant NHS body by an enactment.
The requirement is imposed by the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. The regulations are not relevant legislation under the Health and Safety At Work Act 1974 being made under the Energy Act 2013 and the Housing Act 2004.
The regulations are enforced by Local Authorities by way of notices and penalty charges, which may not exceed £5,000. There is a right of appeal to the First-tier Tribunal.
Clients who require further advice or information on this matter or any other fire safety issue should remember that our telephone advice service is available to them 24/7. Call our qualified, competent BusinessSafe Consultants on 0844-892-2785.