8:30 AM, 1st September 2022, About 2 years ago 28
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There’s just one month left before landlords – or their agent – must meet the mandatory requirement of fitting smoke and carbon monoxide alarms to their rented properties.
The rules state that all rental homes in England – including buy to lets, licensed and unlicensed HMOs – must provide a carbon monoxide alarm in rooms used as living accommodation where there is a fixed combustion appliance, such as gas heaters and boilers, by 1 October.
This stipulation also includes log-burning stoves and oil boilers.
And, for the first time, the new rules extend to social housing tenants who need a smoke alarm for each storey of their home where there’s a room being used for living accommodation.
The new rules amend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 where the requirement previously only applied to solid fuel combustion appliances, such as wood burners.
However, the rules will not extend to gas cookers.
The amended rules also include a new requirement to ensure that when a tenant reports to their landlord or letting agent that an alarm may not be working properly, the alarm must be repaired or replaced.
This is a significant change for the private rental sector because landlords or their agent will be responsible for repairing or replacing any smoke and carbon monoxide alarms once they are informed by their tenant.
All alarms must comply with British Standards BS 5839-6 for smoke alarms, and British Standards BS 50291 for carbon monoxide alarms.
Landlords or their agent must also ensure that the property’s alarms are in proper working order on the day that a tenancy starts, and they must keep a record of this.
Any breach may make the landlord or agent liable for remedial notices and ultimately a fine of up to £5,000.
Phil Turtle, the compliance director with Landlord Licensing and Defence, said: “Of course in HMOs, whether licensed or not, the alarms must be to BS5839-6 and either Grade D1 with coverage LD2 or Grade A (panel system) coverage LD2, or the landlord can expect a £20,000 to £30,000 fine under HMO Management Regulation 4.
“Landlords should be aware of their changing responsibilities come October 1st.
“While some landlords will already have compliant smoke and carbon monoxide alarms, the majority that Landlord Licensing and Defence inspects are deficient and most landlords don’t have carbon monoxide alarms for their gas boilers.”
He added: “Also, landlords may not realise the additional requirement to repair and replace these during the tenancy.
“These changes may seem small versus other legislation in the pipeline, but it’s more important than ever for landlords to be clued-up on all their legal obligations.”
For more information, the government has published its guidance, ‘Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants‘ on its website.
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Hussain Miah
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Sign Up4:26 AM, 7th September 2022, About 2 years ago
Reply to the comment left by Claire Smith at 01/09/2022 - 11:00
My tenant removed both alarms even though I told them it's for their own safety and they should take good care of it not taking it off. End of the day it will save their own lives so even if the landlord doesn't fit or replace them, tenant should or can install and replace both alarms but the law seems to favor the tenant and treat them like baby and we landlord have to be their Carers and who knows in future the landlords might need to carry a spoon or vacuum cleaner.
Mick Roberts
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Sign Up9:47 AM, 7th September 2022, About 2 years ago
Reply to the comment left by DSR at 05/09/2022 - 16:40
DASH are the organisation who the Council tell u to go to get accredited. To get what was about £200 discount off a £890 License.
DASH then come inspect 10% of your houses.
Now it's not cost effective for Landlords to use DASH unless u have lots of houses. As u DEFINITELY get an inspection. And the insisting on solid doors throughout the houses £1000ish. Hard wired smoke alarms etc. No open plan kitchens. And so on.
DASH are being safe, but have gone too far now in many people's opinion. To cover theirself. But what-We building new open plan houses, yet tenants are discriminated against so they can't have an open plan?
Mick Roberts
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Sign Up9:48 AM, 7th September 2022, About 2 years ago
Reply to the comment left by Hussain Miah at 07/09/2022 - 04:26
Ha ha brilliant Hussain,
law seems to favor the tenant and treat them like baby and we landlord have to be their Carers and who knows in future the landlords might need to carry a spoon or vacuum cleaner.
That is it, they not responsible enough to change the batteries in the smoke alarm, but they responsible enough to be given £2000 in UC rent & not hand it over to us.
Been there
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Sign Up17:57 PM, 6th December 2022, About 2 years ago
Reply to the comment left by DSR at 05/09/2022 - 16:16I didn't see a reply to DSR's comments yet. My Gas Safety Engineer now tells me I NEED to provide a CO Alarm for the Gas Hob which is NOT used for heating the rented flat. There is NO gas boiler nor gas fire present.
Is this correct as the regulations appear to not apply to gas cookers, although gas Hobs are not specifically mentioned? Can someone illuminate us please?
Silver Flier
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Sign Up18:33 PM, 6th December 2022, About 2 years ago
Reply to the comment left by Been there at 06/12/2022 - 17:57
The government's ‘Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 , linked to above, state: "2. Ensure a carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers)."
Gas cooker is defined as: ".. any apparatus heated by gas and used for cooking food."
It seems your Gas Safety Engineer does not know the regulations, which is a concern.
Been there
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Sign Up19:11 PM, 6th December 2022, About 2 years ago
Reply to the comment left by Silver Flier at 06/12/2022 - 18:33
Thanks!
Reluctant Landlord
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Sign Up19:20 PM, 6th December 2022, About 2 years ago
Reply to the comment left by Been there at 06/12/2022 - 17:57
sound to me like the explanation provided by Been There says it all...
You don't need one if you just have a gas cooker in the kitchen and no other FIXED combustible appliance.
Furthermore, the FIXED appliance requirement may also discount a cooker - was this appliance part of the let inventory or brought in by the tenant? It could be argued it can't be a fixed appliance if was not installed prior to the start of the tenancy??
Been there
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Sign Up21:07 PM, 6th December 2022, About 2 years ago
Hi DSR. It's a fixed gas hob for cooking on but, as SilverFlier pointed out its excluded from the regs by virtue of being " any apparatus heated by gas and used for cooking food.". However as the Gas Eng raised it in front of me and the tenant together I have now offered to put a CO monitor in Just for the Ts peace of mind -even tho' I'm not legally obliged to do so.