Since 1 October 2015, The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 require both smoke alarms and carbon monoxide alarms to be installed in rented residential accommodation.

The regulations apply to houses and flats in England and Wales. Failure to comply can lead to a fine of up to £5,000.

Who is affected by this legislation

The requirements apply to the immediate landlord. A tenancy agreement includes a licence to occupy residential premises and extends to subletting for these purposes.

In the case of a licensed house of multiple occupation (HMO) or where there is a selective licensing, it’s the responsibility of the licence holder to ensure that mandatory conditions imposed in relation to the installation of alarms are complied with.

These are the exemptions:

• a tenancy under which the occupier shares any accommodation with the landlord or a member of the landlord's family; there must be a sharing of an amenity which includes a toilet, personal washing facilities, a kitchen or a living room, but excludes any reference to storage or access
• a tenancy which has a long lease or grants a right of occupation of the premises, say more than 21 years
• student halls of residence
• hostels
• care homes
• hospitals accommodation relating to health care provision
• providers of social housing.

Smoke alarm requirements

During any period beginning on or after 1 October 2015 while the premises are occupied under a tenancy (or licence), the landlord must ensure that a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation.

A living room will include a lounge dining room and kitchen as well as a bathroom or toilet. It also includes a hall or landing. This means that a smoke alarm must be provided in working order on each storey.

Since the regulation relates to each storey in the premises this suggests that a separate alarm is not needed on a half landing as these would not be regarded as individually being a storey.

As regards individual flats located on 1 floor, there must be at least 1 alarm within the flat itself or alternatively provided outside the flat on the same floor of the building. This is a communal alarm.

Likewise, for flats comprising more than 1 storey there will need to be a smoke alarm on each floor.

It’s the location of an alarm which sounds which is crucial, not the positioning of detectors.

The regulations do not stipulate what kind of alarm is required. Ideally, it should be a hard-wired alarm system. It can, however, be a single standalone alarm. Landlords are recommended to fit 10-year long-life tamper proof alarms, otherwise there is a problem of batteries being taken out and not being replaced.

Carbon monoxide alarm requirements

During any period beginning on or after 1 October 2015 when the premises are occupied under a tenancy or a licence, a carbon monoxide alarm must be provided by the landlord in any room in premises which is used wholly or partly as living accommodation which contains a solid fuel burning combustion appliance.

This applies to any kind of wood burning stove or an open coal fire. It will also extend to equipment such as a solid fuel Aga in the kitchen. This is already a requirement with new installations of solid fuel burning combustion appliances as under building regulations there is a requirement to install a carbon monoxide alarm.

This is now extended to any existing appliances already in place before building regulations imposed this requirement or where building regulations are not observed.

Read The Smoke and Carbon Monoxide Alarm (England) Regulations 2015: Q&A booklet for the private rented sector – landlords and tenants.

Reporting a breach of these regulations

If you think that your landlord has breached these regulations, email PrivateSectorHousingAndTargetedEnforcement@bcpcouncil.gov.uk or call 01202 127 900.