Understanding the new smoke and carbon monoxide detector regulations for England tenancies

Thursday 8 September 2022

There are three main changes you need to know:

  1. The smoke alarm regulations will apply to all tenancies irrelevant of when created. Previously the legislation only applied to new tenancies created from October 2015.
  2. Carbon monoxide alarms must be placed in any room where there is a fixed combustion appliance. Previously alarms were only needed when a tenant had the ability to burn solid fuel. This means that oil and gas fired boilers and built-in gas fires will also be included in the new rules. Whilst gas cookers, gas hobs and portable appliances are excluded from the definition of ‘a fixed combustion appliance’, the recommendation is to include them in your consideration when providing CO alarms to ensure you are compliant with providing a safe environment whilst a tenant is living in your property.
  3. Landlords will be responsible for repairing or replacing any faulty alarm. If your tenants report an alarm as faulty it must be replaced at the earliest opportunity.

What type of alarm will need to be installed?

All new build properties built after 1992 must have mains wired interconnected smoke alarms installed. For all existing properties the regulations don’t state that alarms must be hardwired into the building, however smoke alarms must comply with British Standards BS 5839-6 and carbon monoxide alarms must comply with British Standards BS 50291.

Landlords should, where possible, use alarms with "sealed for life" batteries rather than alarms with replaceable batteries.

Testing the alarms

It remains the landlord’s legal obligation to test any smoke and carbon monoxide alarms on the first day of the tenancy and keep proof of this check as per the existing Smoke & Carbon Monoxide Alarm (England) Regulations 2015.

Tenants remain responsible for testing all alarms regularly and replacing batteries where they are replaceable and when necessary.

To read the full legislation existing, and new from 1 October 2022, please visit the Government website here.