Are you a landlord who has rented out their property under an assured shorthold tenancy (aka an “AST”)? Are you looking to evict your tenant by serving a section 21 notice? If you answered yes, you need to read this article.
From 1 October 2022, The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 have changed. If you are non-compliant with these Regulations you could be risking significant fines.
Do you know if the Regulations apply to you? Are you aware of the changes? Are you compliant? If not, we can help.
Under the previous regulations, landlords were required to install a carbon monoxide alarm in any room used as living accommodation and containing a “solid fuel appliance”.
In addition, landlords were previously required to test alarms at the start of the tenancy. The responsibility then passed to the tenant to carry out ongoing tests and arrange the repair/replacement of batteries or faulty alarms with their landlord.
From 1 October 2022, landlords must now provide a carbon monoxide alarm in any room with a “fixed combustion appliance.” This means that carbon monoxide alarms will now be needed in more rental properties.
Landlords are also now under a new duty to repair or replace any faulty alarms notified to them, as soon as reasonably practicable. The burden of this duty has shifted from the tenant to the landlord so it is important that you comply and are not caught out.
There are a number of tenancies excluded from the Regulations. If you are not sure what a “solid fuel appliance” or “fixed combustion appliance” is or if the Regulations apply to you, get in touch and we can help.
How will I be affected? – Sanctions
Where a landlord fails to comply with its duties under the Regulations, the local authority can serve a remedial notice. Failure to comply with a remedial notice can result in the local authority carrying out works in default and fining you up to £5,000!
How can we help?
The Owen White Property Disputes Team are fully aware of the 2015 Regulations and the changes to these in effect from 1 October 2022.
The above is of course a brief outline and should not be relied on in place of detailed legal advice on a case-by-case basis. If you are a landlord and are not sure if the Regulations apply to you, if you have complied with your duties under the Regulations or otherwise need help, please get in touch for further information, help and advice.
We are here to make sure you don’t fall foul of the law. We can review your tenancy agreement and advise you whether the Regulations apply to you, how to comply with your duties under the Regulations and otherwise assist you with responding to any remedial notices or gaining access to your tenanted property so that you can comply with your duties under the Regulations.
The Property Disputes Team can be contacted on 01753 876 800 or via firstname.lastname@example.org for a 15 minute no obligation consultation.
Correct at time of drafting
13 October 2022