Updated regulations for smoke and carbon monoxide alarms

On the 1st October 2015, new regulations came into force in England regarding the fitting of smoke and carbon monoxide alarms. On the 1st October 2022, these regulations were updated.

Every private rented property must be installed with smoke alarms and carbon monoxide alarms and these regulations are being extended to cover social housing.

It is the landlord’s responsibility to ensure that the alarms are in good working order on the first day of the tenancy.

If the tenant reports a faulty alarm, or if a fault is discovered during an inspection, the landlord must repair it as soon as practicable.

If these regulations are not complied with then a landlord can face a penalty notice of up to £5,000 which can now be handed down by the Local Authority.

Recent and upcoming changes to landlord’s obligations:

Talks of banning “no fault” Section 21 Notices have been circling around since 2019. It appears now that the Prime Minster intends to ban them, meaning landlords will not have the right to terminate a fixed term tenancy without a reason.

This means that if a landlord wants to try and terminate an agreement, they must rely on Section 8 of The Housing Act 2004, which currently has very strict grounds. However, there are talks of the grounds being extended to make it easier to rely on a Section 8 Notice.

The much-delayed bill, which is currently expected to become law next year, will also introduce a new Landlord and Tenant Ombudsman to manage disputes and extend the Decent Homes Standard to privately renting households.

A landlord looking to use a “no fault” Section 21 Notice will need to seek legal advice as soon as possible before they are banned.

If you require any advice regarding the above, please contact Jodie Holmes Jodie.Holmes@bryanandarmstrong.co.uk or Elizabeth Isola Elizabeth.Isola@bryanandarmstrong.co.uk in our Litigation Department.