Following parliamentary approval both social and private rented sector (PRS) landlords will be legally required to repair or replace smoke and carbon monoxide alarms once they have been informed that they are faulty, although testing throughout the duration of a tenancy will remain the resident's responsibility.
All landlords will also now be obliged to ensure a carbon monoxide alarm is installed in any room of their homes where there is a fixed combustion appliance (including a gas boiler). Where a new fixed combustion appliance is installed a carbon monoxide alarm will be required to be installed by law. Gas cooker appliances are excluded from the new rules.
The key changes are:
The UK Government will also amend the statutory guidance (Approved Document J) supporting Part J of the Building Regulations relating to where alarms are fitted and to ensure that alarms meet relevant standards.
As soon as parliamentary time allows, the UK Government will amend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.
Propertymark responded to the consultation in January supporting the proposal to extend the smoke alarm requirements as set out in the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 to the social rented sector.
We also agree with the proposal that legislation should be amended to create an obligation for private landlords to replace alarms once informed that they are faulty. However, if the alarm is battery operated the tenant should replace the batteries during the tenancy.
To further improve the regulations, we have long held the view that allowing agents to test alarms before the start of a new tenancy would provide some leeway for those landlords that have multiple properties and agents who can be managing multiple check-ins on the same day.
However, it is a concern that it is not practical to expect agents to undertake the testing on the first day of the tenancy and the rules should be amended so this takes place prior to the commencement of the tenancy.