Landlords - fire and carbon monoxide
Smoke and Carbon Monoxide Statement of Principles
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 introduces the following requirements for all landlords during any period beginning on or after 1 October 2015 when the premises are occupied under the tenancy:
- 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 carbon monoxide alarm is equipped in any room of the premises which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance; and
- checks are made by or on behalf of the landlord to ensure that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy
Enforcement
If we have reasonable grounds to believe that:
- there are no or insufficient number of smoke alarms or Carbon Monoxide Detectors in the property as required by the regulations; or
- the Smoke Alarms or Carbon Monoxide Detectors were not working at the start of a tenancy or licence
We will serve a remedial notice on the landlord as set out in the Regulations. The notice will detail the work the landlord has to take to comply with the Regulations. if the work is not done within 28 days, then a Penalty Charge is given.
How the Penalty Charge is decided
If it is a first offence, and the Penalty is paid quickly then the Penalty Charge will be less. The Charge will, however, as a minimum, cover the cost of all works in default, officer time, recovery costs, an administration fee and a fine.
Repeated offences will incur progressively higher Penalty Charges because of the continued disregard for the legal requirements, and the safety of any tenants.
If, after the service of a first Penalty Charge notice, another notice is served because of a further offence, but that further offence arose prior to the service of the first notice, then the Penalty Charge for each notice will be treated as a first offence. Any offences after that will be treated as cumulative.
How much is the Penalty Charge?
The Penalty Charge is £2,500 for the first offence. This will be reduced to £1,250 if paid within a 14 day period. The Penalty Charge for a second offence is set a £5,000 but is reduced to £2,500 if paid within 14 days.
For a third offence, and any offence after that, the charge is £5,000, with no discounts for early payment.
Recovery of the Penalty Charge
The local housing authority can recover the Penalty Charge as laid out in the Regulations.
Appealing against a Penalty Charge
Landlords can request that the local housing authority review the Penalty Charge Notice. This request must be made within 28 days from the day the penalty notice was served.
The local housing authority must consider any representation and decide whether to confirm, vary or withdraw the penalty charge notice.
A landlord who is served with a notice confirming or varying a penalty charge notice may appeal to the First-tier Tribunal against the local housing authority’s decision.
Further information
The GOV.UK website has a Smoke and Carbon Monoxide Alarm (England) Regulations 2015: Questions and Answers booklet for the private rented sector – landlords and tenants