A member has contacted DCLG for further guidance as follows:
Landlords will be required by law to install working smoke and carbon monoxide alarms (DCLG announcement)
I represent several landlords and I was just wondering if someone could clarify a few points about the upcoming legislation:
– Will this legislation apply to all tenancies including Rent Act, Rent (Agriculture) Act, Assured Tenancies, cottages accompanying Farm Business Tenancies, and farm houses with Agricultural Holdings Act tenancies?
– Who is liable for making sure they work (assuming that they were working when they were installed) – the landlord or tenant?
– When the batteries fail, is it the landlord or tenants responsibility to replace them?
Response from DCLG:
In answer to your first question, the regulations apply to all residential premises where a person is granted the right to occupy the premises as their only or main residence and pays rent. Therefore, the regulations will apply to tenancies under the Rent Act, Rent (Agriculture) Act, Assured Tenancies, cottages accompanying Farm Business Tenancies, and farm houses with Agricultural Holdings.
Please note the following categories of letting arrangements are exempt:
– where the landlord is a registered provider of social housing
– where accommodation is shared with the landlord or the landlords family
– a long lease granting occupation for 7 years or more
– a tenancy which grants a right of occupation of accommodation in a hostel or refuge
– a tenancy which grants a right of occupation of accommodation in a care home
– a tenancy which grants a right of occupation of accommodation in a hospital or hospices
– student halls of residence
You may find it helpful to know that the regulations were laid in Parliament on Monday 16 March and can be read in full online at the following address: http://www.legislation.gov.uk/ukdsi/2015/9780111133439/contents.
Turning to your second and third question, a landlord will have a duty to check the required alarms are in working order at the start of any new tenancy. However, it is the tenant’s, responsibility to check the alarms regularly and change batteries once they have taken up residence in a property.
Many thanks to our member for sharing this.
IF YOU WANT GUIDANCE ON EQUIPMENT TO COMPLY WITH THIS REQUIREMENT PLEASE SPEAK TO JEFF HICK – 01872 277256 OR MOBILE 07815 854691
Landlords will be required by law to install working smoke and carbon monoxide alarms in their properties, under measures announced by Housing Minister Brandon Lewis today (11 March 2015).
The move will help prevent up to 36 deaths and 1,375 injuries a year.
The measure is expected to take effect from October 2015, and comes with strong support after a consultation on property condition in the private rented sector.
England’s 46 fire and rescue authorities are expected to support private landlords in their own areas to meet their new responsibilities with the provision of free alarms, with grant funding from government.
This is part of wider government moves to ensure there are sufficient measures in place to protect public safety, while at the same time avoiding regulation which would push up rents and restrict the supply of homes, limiting choice for tenants.
Housing Minister Brandon Lewis said:
In 1988 just 8% of homes had a smoke alarm installed – now it’s over 90%.
The vast majority of landlords offer a good service and have installed smoke alarms in their homes, but I’m changing the law to ensure every tenant can be given this important protection.
But with working smoke alarms providing the vital seconds needed to escape a fire, I urge all tenants to make sure they regularly test their alarms to ensure they work when it counts. Testing regularly remains the tenant’s responsibility.
Communities Minister Stephen Williams said:
We’re determined to create a bigger, better and safer private rented sector – a key part of that is to ensure the safety of tenants with fire prevention and carbon monoxide warning.
People are at least 4 times more likely to die in a fire in the home if there’s no working smoke alarm.
That’s why we are proposing changes to the law that would require landlords to install working smoke alarms in their properties so tenants can give their families and those they care about a better chance of escaping a fire.
Ensuring the safety of tenants
Other measures to support the private rented sector include investing £1 billion in building newly-built homes specifically for private rent, giving tenants support against rogue landlords and publishing a How to rent guide so tenants and landlords alike are aware of their rights and responsibilities.
The proposed changes to the law would require landlords to install smoke alarms on every floor of their property, and test them at the start of every tenancy.
Landlords would also need to install carbon monoxide alarms in high risk rooms – such as those where a solid fuel heating system is installed.
Those who fail to install smoke and carbon monoxide alarms would face sanctions and could face up to a £5,000 civil penalty.
This would bring private rented properties into line with existing building regulations that already require newly-built homes to have hard-wired smoke alarms installed.
And it’s in line with other measures the government has taken to improve standards in the private rented sector, without wrapping the industry up in red tape.
From Press Release from DCLG