National statistics show that occupiers are four times more likely to die in a fire in a home that is not fitted with working smoke alarms than one that is. Carbon monoxide is also a killer, a product of incomplete combustion it has no taste, smell or colour and accounts for more than 50 deaths per year.

The government has sought to address the dangers represented by smoke and carbon monoxide by legislating to ensure that all rental properties are protected with suitable alarms. 

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

State that:

Duties of relevant landlord in relation to prescribed alarms
4. - (1) A relevant landlord in respect of a specified tenancy must ensure that— 

(a) during any period beginning on or after the ‘designated date’ when the premises are occupied under the tenancy—
(i) a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation;
(ii) a carbon monoxide alarm is equipped in any room of the premises which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance; and

(b) checks are made by or on behalf of the landlord to ensure that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy

The ‘designated date’ has now been confirmed as 1st October 2015 and these regulations will come into effect from that date.

Failure to comply with these regulations may result in a fine of up to £5,000.00 

What you need to do

All Landlords must ensure that there is a working smoke alarm on each floor of each rental property. These alarms can be wired into the mains or battery operated. You must also ensure that there is a working carbon monoxide alarm in each room of your rental property that contains a solid fuel appliance (such as a coal or wood burning fire or stove).

All of the alarms in each rental property must be tested at the start of each new tenancy to ensure that they are in working order.

Please note: Smoke and carbon monoxide alarms must be installed in any property which is tenanted on or after 1st October 2015 but testing of the alarms is required only at the start of tenancies commencing on or after 1st October 2015. 

Advice

Under the Smoke Detectors Act 1991, mains operated smoke alarms became compulsory in all new properties built after June 1992.

Any wood burning stove installed after 2011 must already have a carbon monoxide alarm and a certificate to demonstrate that it has been safely installed.

The responsibilities of these regulations are placed with the Landlord. However, to assist you, on commencement of marketing, Chase Evans checks all properties to ensure that smoke and carbon monoxide alarms are installed. If the property requires an alarm to be installed Chase Evans will advise the landlord and can arrange for this work to be carried out.

At the start of each new tenancy, Chase Evans will ensure that all smoke and carbon monoxide alarms are tested as part of the inventory check in service and that these checks are noted on the inventory check in report.

Under the Chase Evans standard tenancy agreement, tenants are required to check the operation of all smoke and carbon monoxide alarms, to replace batteries as required and report any other faults.

Recommendation

Although gas and oil burning appliances have not been included in this legislation it is anticipated that the Gas Safety regulations will be amended to require installation of carbon monoxide alarms. Chase Evans therefore recommends that carbon monoxide alarms are installed in any room of your rental property that contains a gas or oil burning appliance.

Further Reading

The full text of the regulations can be found at; 

http://www.legislation.gov.uk/uksi/2015/1693/contents/made