We recently blogged on the proposed changes to a landlord’s safety requirements to provide smoke alarms and carbon monoxide detectors (see here ).
On Friday, the Department for Communities and Local Government (DCLG) published some guidance as to the implications for landlords. A full copy of the DCLG guidance can be found here
However last night the House of Lords refused to pass the Regulations saying there had been no consultation and agents and landlords did not have enough time to comply. The Regulations may therefore be modified regarding the date all properties must comply. However PainSmith Solicitors advise that agents and landlords ensure all properties comply by 01 October 2015.
In summary, in preparation for 01 October 2015 or the designated date, landlords of all rental properties (subject to a small number of exemptions – such as licenced HMO properties and properties where there is a resident landlord) will be required to do the following:
- Install at least one smoke alarm on each storey of a rental property that is used as living accommodation. These alarms may be battery powered or hardwired. However check with the local authority as some may have local regulations which require more stringent conditions. The above requirement is for all rental properties not just those with tenancies beginning after 01 October 2015.
- Install a carbon monoxide detector in any room that contains a solid fuel appliance which includes coal or wood burning fires and wood burning stoves. For information wood burning stoves installed since 2011 must already have a carbon monoxide detector and a certificate proving they have been safely installed. The certificate must be kept as it will be required upon sale of the property.
- Currently gas appliances are not covered by the above Regulations but we strongly advise that carbon monoxide detectors are installed in properties powered by gas appliances or oil fired appliances. We anticipate the gas safe regulations may be amended at some stage to require this in the future. Again, to emphasise installation of carbon monoxide alarms is a requirement for all rental properties with solid fuel appliances not just those with tenancies beginning after 01 October 2015.
- Carry out testing to ensure that all smoke and carbon monoxide alarms are in working order at the start of each new tenancy commencing on October 1 2015 or thereafter. There is no requirement to check existing alarms in tenancies that are continuing or renewed. Landlords should keep evidence of the testing for example as an entry on the check in report or inventory preferably signed by the tenant or their representative.
- Include a term in tenancy agreements requiring tenants to check the alarms at least once a month to ensure all smoke alarms and carbon monoxide detectors remain working, to replace batteries where necessary and to report any other faults to the landlord.
- Include a clause requiring landlords to install smoke alarms and carbon monoxide detectors in the Terms of Business and imposing a liability on the landlord to ensure the smoke alarms and the detector are in working order at the start of a tenancy and throughout the tenancy if the property is not managed by the agent.
There will be no grace period for compliance with the Regulations after 01 October 2015 if the Regulations are passed by Parliament.
