Smoke & Carbon Monoxide Regulations for Landlords | Coopers

Relevant landlords must ensure there is at least one smoke alarm on every storey of the property where there is a room used wholly or partly as living accommodation.

The regulations do not prescribe one particular type of smoke alarm, such as battery-powered or mains-powered. Government guidance recommends choosing alarms appropriate to the property and its occupants and following the manufacturer's installation instructions.

Landlords must ensure that the required smoke and carbon monoxide alarms are in proper working order on the day a new tenancy begins.

This is particularly relevant to Coopers' Inventory and Check-In services because the beginning of the tenancy is an important point at which the property's condition and relevant observations can be documented.

However, an inventory report itself should not be treated as a substitute for any specialist fire-safety assessment or other legal responsibility.

A carbon monoxide alarm must be provided in any room used wholly or partly as living accommodation that contains a fixed combustion appliance — excluding gas cookers.

This can include appliances such as:

The gas cooker exclusion is worth stating explicitly, because otherwise landlords can quite reasonably misunderstand the rule.

The regulations don't prescribe an exact alarm location within the room. Government guidance recommends following the manufacturer's instructions and gives general positioning guidance for CO alarms.

This changed significantly with the 2022 amendments.

Where a tenant or their nominated representative reports that a required smoke or carbon monoxide alarm may not be working, the landlord must determine whether it is functioning properly.

If it is found to be faulty, the landlord must repair or replace it as soon as reasonably practicable.

Tenants also have an important role during the tenancy. Government guidance advises tenants to test their alarms regularly and report faults to their landlord. Where appropriate, tenants may replace batteries, but if this doesn't resolve the problem — or they cannot replace them themselves — the matter should be reported to the landlord.

The regulations require landlords to ensure prescribed alarms are working on the first day of a new tenancy and to repair or replace an alarm when it is reported and found to be faulty.

They do not impose a general requirement on landlords to continually test every alarm throughout the tenancy. Government guidance nevertheless encourages regular testing and appropriate ongoing management.

A Mid-Term Property Inspection can provide an opportunity to document visible observations relating to the property during the tenancy, but it should not be presented as replacing a landlord's statutory responsibilities or a specialist fire-safety inspection.

The Smoke and Carbon Monoxide Alarm Regulations aren't necessarily the only fire-safety requirements affecting a property.

HMOs, converted properties, purpose-built blocks and other types of accommodation can be subject to additional fire-safety requirements and licensing conditions. GOV.UK specifically notes additional fire-safety responsibilities for certain HMOs, blocks of flats and properties adapted into flats.

Landlords and property managers should therefore check the requirements applying to their particular property rather than assuming that installing domestic smoke and CO alarms alone establishes full fire-safety compliance.

Clear records can help landlords and property professionals demonstrate what was present and observed at different stages of a tenancy.

Useful records may include relevant safety certificates, contractor documentation, communications with tenants, maintenance records and property inspection reports.

For alarms specifically, having a clear record around the start of the tenancy can be particularly useful because that is when landlords are required to ensure prescribed alarms are in proper working order.

Coopers Inventory Services provides professional property reporting at key stages throughout a tenancy.

Where relevant to the service being carried out, a property report can provide a written and photographic record of visible alarms and related observations at the time of attendance.

This documentation can form part of the wider property record maintained by landlords, letting agents and property managers.

Coopers' property reports do not replace specialist fire, gas or carbon monoxide safety inspections, certification or a landlord's legal responsibilities. Where a potential safety concern is identified, appropriate professional advice should be sought.

If a local authority believes a landlord hasn't complied, it can serve a remedial notice. Failure to comply with a remedial notice can result in a civil penalty of up to £5,000 per breach.