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Landlords Urged to Comply With New Smoke and Carbon Monoxide Alarm Regulations

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Landlords are advised to acquaint themselves with important new rules on smoke and carbon monoxide alarms in rented properties.

Smoke AlarmUnder The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 which came into force in October 2015, the landlord of any premises that are occupied under a tenancy agreement must ensure that:

  • there is a smoke alarm on each floor where there is a room used as living accommodation (includes bathroom/WC, hall/landing)
  • there is a carbon monoxide alarm in any room used as living accommodation with a solid fuel burning combustion appliance (boiler)
  • alarms are checked and in working order on the day a tenancy begins, if it is a new tenancy (on or after 01/10/15). This does not include tenancies entered into before that date; periodic shorthold tenancies under S5 of the Housing Act; or a tenancy following the end of a previous one with the same parties and at the same premises

Local Housing Associations are responsible for enforcing the regulations where they believe a landlord is in breach of the above duties and must serve a remedial notice on the landlord within 21 days, specifying:

  • the property the notice relates to
  • which duty/duties the landlord is in breach of
  • what remedial action should be taken within 28 days of date of notice
  • that the landlord can make written representations and to whom they can make them

If the landlord does not take the remedial action demanded in the notice within 28 days, the local authority may serve a penalty charge notice on them and demand a penalty charge of up to £5,000. However, the landlord has a right of appeal against penalty charge.

hlw Keeble Hawson has a wealth of experience with rented properties and tenancies and can advise on the consequences of the regulations and on landlords’ obligations in general.

To find out more about the new laws or to discuss any queries or problems please contact James Alger at jamesalger@hlwkeeblehawson.co.uk or call 0114 2521412.

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