Landlord smoke alarm carbon monoxide checklist (England)

In England, relevant landlords must have at least one smoke alarm on each storey that has a room used as living accommodation, and a carbon monoxide alarm in any living accommodation room with a fixed combustion appliance (excluding gas cookers). For new tenancies, you must check prescribed alarms work on the day the tenancy begins, and repair or replace faulty alarms once informed.

Which homes and tenancies do the smoke and carbon monoxide alarm rules apply to?

The government guidance explains that the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 started on 1 October 2015, and the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 came into force on 1 October 2022. From 1 October 2022, the guidance says that all relevant landlords must meet the requirements set out in the regulations.

The guidance also sets out who the regulations apply to, and some key exclusions. It says the regulations apply to “all homes rented by private landlords or registered providers of social housing, unless excluded”, and to “all social and private rented tenancies, other than those explicitly excluded in the Schedule to the Regulations”.

Tenancies the guidance lists as excluded include:

• shared accommodation with a landlord or landlord’s family
• long leases
• student halls of residence
• hotels and refuges
• care homes
• hospitals and hospices
• low cost ownership homes
• other accommodation relating to health care provision

The guidance adds a few common scenarios that cause confusion:

• Live in private sector landlords: if the occupier shares accommodation with the private landlord or the landlord’s family, the regulations will not apply. The guidance says sharing an amenity such as a kitchen or living room counts as sharing accommodation. It also says the regulations are not aimed at owner occupied properties.
• Owner occupiers: the guidance says these regulations do not apply to owner occupiers, and do not apply to owner occupiers living in shared ownership homes.
• HMOs (houses in multiple occupation): the guidance says the regulations apply to unlicensed HMOs. It says licensed HMOs are exempt from Parts 1 to 5 of the regulations, but only because the regulations also amend the HMO licensing obligations in the Housing Act 2004 to impose similar requirements.

What smoke alarms must a landlord have in a rented home?

From 1 October 2022, the guidance says relevant landlords must “ensure at least one smoke alarm is equipped on each storey of their homes where there is a room used as living accommodation”. The guidance also notes that this has been a legal requirement in the private rented sector since 2015.

The guidance does not define every room type, but it repeatedly uses “room used as living accommodation”. Practically, this means your starting point is to walk through each storey and confirm whether that storey contains any room used as living accommodation. If it does, you need at least one smoke alarm equipped on that storey.

Where should smoke alarms be located?

The guidance is clear that the regulations “do not stipulate where the alarms should be placed”. It then gives practical advice:

• Install at least one smoke alarm on every storey used as living accommodation.
• Follow the manufacturer’s instructions when installing.
• In general, fix smoke alarms to the ceiling in a circulation space, such as a hall or a landing.

What type of smoke alarm is required?

The guidance says the regulations “do not stipulate the type of alarms (such as mains powered (‘hard wired’) or battery powered) that should be installed”. It recommends landlords choose alarms based on the needs of the building and tenants, and that the alarms are compliant with British Standards BS 5839-6. It also says that where battery powered alarms are selected, alarms with ‘sealed for life’ batteries rather than alarms with replaceable batteries are the better option.

What carbon monoxide alarms must a landlord have, and which rooms need them?

From 1 October 2022, the guidance says relevant landlords must “ensure a carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers)”.

So the key checks are:

• Identify each room used as living accommodation.
• In those rooms, check whether there is a fixed combustion appliance.
• If there is, you must equip a carbon monoxide alarm in that room. The guidance says gas cookers are excluded from this carbon monoxide alarm requirement.

Where should carbon monoxide alarms be located?

As with smoke alarms, the guidance says the regulations “do not stipulate where the alarms should be placed”. It then gives general positioning advice, alongside a reminder to follow manufacturer instructions.

• Install a carbon monoxide alarm in every living accommodation room containing a fixed combustion appliance (excluding gas cookers).
• Follow the manufacturer’s instructions.
• In general, position carbon monoxide alarms at head height, either on a wall or shelf, approximately 1 to 3 metres away from a potential source of carbon monoxide.

What type of carbon monoxide alarm is required?

The guidance says the regulations “do not stipulate the type of alarms (such as mains powered (‘hard wired’) or battery powered) that should be installed”. It says landlords should make an informed decision based on the needs of the building and tenants, and choose alarms compliant with British Standards BS 50291. It also says where battery powered alarms are selected, alarms with ‘sealed for life’ batteries rather than alarms with replaceable batteries are the better option.

What does “equipping” an alarm mean, and what must you do on move in day?

The guidance asks what is meant by ‘equipping’ an alarm, and whether it is enough to provide an alarm or whether you need to install it. It says the regulations require landlords to ensure alarms are equipped, and to check each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy.

The guidance also says landlords should make sure alarms are installed in an effective way to protect tenants from the dangers of smoke and carbon monoxide.

Move in day checklist for new tenancies (England)

• Confirm at least one smoke alarm is equipped on each storey that has a room used as living accommodation.
• Confirm a carbon monoxide alarm is equipped in any living accommodation room with a fixed combustion appliance (excluding gas cookers).
• On the day the tenancy begins (for a new tenancy), check each prescribed alarm is in proper working order. The guidance says this check must be made by or on behalf of the landlord.
• Keep a record of when alarms are tested. The guidance says this is the landlord’s responsibility.

Who replaces batteries, and who repairs or replaces faulty alarms?

The guidance draws a line between routine battery replacement during a tenancy, and faults that need repair or replacement.

It says landlords will be responsible for “repairing or replacing any faulty alarms”. It also says relevant landlords must “ensure smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty”.

For batteries during the tenancy, the guidance says that if tenants find alarms are not working during the tenancy, they are advised to arrange 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.

How should alarms be tested, and how do landlords prove they checked them?

The guidance explains that testing smoke alarms and carbon monoxide alarms does not require specialist skills or knowledge, and should be straightforward for tenants to do. It says landlords should consider providing residents with a demonstration and or instructions to support understanding of how, and how often, to test alarms and make sure they are in working order. It also says landlords should follow the manufacturer’s instructions for testing, and consider sharing these instructions with tenants to support regular testing.

For the landlord’s own evidence, the guidance says it is the landlord’s responsibility to keep a record of when alarms are tested. It also says the local housing authority must decide whether the evidence provided proves the landlord has met the requirements.

It gives one practical example. If the landlord goes through the inventory on the first day of the tenancy, one possible means is to make provision for the tenant to sign the inventory to record that the required alarms have been tested by the landlord and the tenant is satisfied they are in working order.

What if a tenant reports an alarm is not working?

The guidance sets out what tenants are advised to do first, and when the landlord should be involved:

• If tenants find alarms are not working during the tenancy, they are advised to arrange 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.

Once you are informed and you find that an alarm is faulty, the guidance says landlords must ensure smoke alarms and carbon monoxide alarms are repaired or replaced.

What happens if you are not compliant, and what can the council do?

The guidance says the requirements are enforced by local authorities. It says local authorities can impose “a fine of up to £5,000 where a landlord fails to comply with a remedial notice”.

It also clarifies how fines apply. It says that where a landlord is in breach, the local housing authority may serve a remedial notice, and failure to comply with each remedial notice can lead to a fine of up to £5,000. It adds that fines will be applied per breach, rather than per landlord or property.

If you become aware you are not compliant, the guidance says you should undertake remedial action to install alarms “as soon as practicable”.

What if you cannot get access to install or repair an alarm?

The guidance recognises that access can be difficult. It says 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. It says landlords should be able to demonstrate they have taken all reasonable steps to comply to local authorities.

The guidance gives examples of reasonable steps:

• Write to tenants to explain it is a legal requirement to install the alarms and that it is for the tenant’s own safety.
• Try to arrange a time that is convenient for the tenant.
• Keep a written record of access attempts to provide to the local housing authority if required.
• Attempt to understand why tenants cannot or will not provide access and work with them to find a solution.

Do you need specialist alarms or extra detectors?

The guidance says landlords should make an informed decision and choose the best alarms for their properties and tenants, with due regard for residents’ circumstances. It gives an example that specialist smoke alarms and carbon monoxide alarms that alert by vibration or flashing lights (instead of sound alerts) may be required for residents who are deaf or hard of hearing. It says landlords should or must consider their duties under the Equality Act 2010.

On heat detectors, the guidance is simple. It says heat detectors are not a replacement for smoke alarms.

Keeping your alarm locations, test records and follow ups in one place helps you stay on top of this.