What are the requirements for carbon monoxide alarms
From 1 October 2022, all properties will be expected to have a CO detector fitted in every room that is:
- used partly or wholly as living accommodation, and
- contains any appliance which burns, or is capable of burning fuel.
This would include gas boilers, wooden stoves, open fires, etc.
The only exception to this is are rooms where the only fuel burning appliance is a gas cooker. While the legislation does not define a gas cooker precisely, the Government guidance states it is ‘any apparatus heated by gas and used for cooking food.’
Where a fire place is purely decorative, and has been blocked off, then a CO alarm would not be required.
Prior to 1 October 2022, this requirement only applied to rooms with a solid fuel burning appliance such as coal fire.
What are the requirements for smoke alarms?
During any period beginning on or after 1 October 2015, while the premises are occupied under a tenancy (or licence) the landlord must ensure that a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation.
Rooms used as living accommodation include lounges, dining rooms, kitchens, bathrooms and separate toilets. It also includes a hall or landing.
Mezzanines are also caught by this legislation where they contain a room used wholly or partly as living accommodation.
For individual flats located on one floor there will have to be at least one alarm on each storey of the premises. Heat detectors are not considered sufficient. It will have to be a smoke alarm.
Requirement to ensure the alarms are in working order
The landlord is specifically required to carry out a check to ensure that smoke alarms or carbon monoxide alarms are in proper working order on the day a tenancy begins where it is a new tenancy.
From 1 October 2022 if a landlord is notified by a tenant of a defective smoke or CO alarm the amended regulations require landlords to investigate and repair or replace the item as soon as reasonably possible.
How should checks be performed during the tenancy?
Typically the tenant will be responsible for checking the alarm during the lifetime of the tenancy. Landlords are advised to provide them with the instruction manual or demonstrate how to perform these checks to ensure they are done correctly.
If tenants find that their alarms are not in working order during the tenancy, they are advised to arrange for the replacement of the batteries.
If the alarm still does not work after replacing the batteries, or if tenants are unable to replace the batteries themselves, they should report this to the relevant landlord.
Who must comply with these requirements?
The requirements are imposed on the immediate landlord of the tenant.
In addition, as this is now a mandatory licensing condition, if the property requires a mandatory, additional or selective licence, then it is the responsibility of the licence holder to ensure that these alarms are fitted in the property and in working order at the outset of the tenancy.
I have tried to fit the carbon monoxide alarms but my tenant refuses access, what should I do?
The existing regulations are clear that landlords must take all reasonable steps to comply with a remedial notice but are not expected to go to court to gain access in order to be compliant. Landlords should be able to demonstrate that they have taken all reasonable steps to comply to Local Authorities.
For example, landlords should write to their tenants to explain that it is a legal requirement to install the alarms and that it is for the tenant’s own safety. Landlords should try to arrange a time to visit that is convenient for the tenant, and keep a written record of access attempts to provide to the local housing authority if required.
Landlords should attempt to understand why tenants cannot or will not provide access and work with them to find a solution.
Compliance is the landlord’s responsibility.
For further information go to: https://www.gov.uk/government/news/smoke-and-carbon-monoxide-alarm-amendment-regulations-2022-compliance
If you’re a landlord in Colchester or the surrounding district, and you would like to discuss or arrange a free compliance check of your property, please get in touch.
Call us on 01206 862288 and ask for Emily or Gaham.