Carbon Monoxide and Smoke Alarm Regulations 2022

New Carbon Monoxide & Smoke Alarm Regulations are coming into force on 1st October 2022. 

The new draft rules amend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, where previously the requirement only applied to solid fuel combustion appliances, such as wood burners. The rules however, will not extend to gas cookers. 

The amended rules, which were laid before Parliament back on 11th May 2022, include a new requirement to ensure when a tenant reports to the landlord or letting agent that an alarm may not be in proper working order, the alarm must be repaired or replaced. 

Key points to note are:  

• The provisions of the 2015 Regulations for smoke alarms are now extended to social landlords. 
• A smoke alarm must be equipped on each floor of the premises that is used as living accommodation. 
• A carbon monoxide alarm must be fitted into any room which contains a fixed combustion appliance. 
• Any notification to the landlord of an alarm not in working order, by the tenant or other party, must be repaired or replaced as soon as is reasonably practicable. 
• Duty to maintain falls as the expense of the landlord. 

• Penalties for breach will amount to a penalty charge of up to £5,000 per breach. 
• Local Housing Authority has the duty to police and to serve remedial notices that must complied with. 

 

The incoming regulations will relate to any ‘specified tenancy’, meaning a tenancy of any residential premises in England which: 

(a) Grants one or more persons the right to occupy all or part of the premises as their only or main residence; 

(b) provides for payment of rent (whether or not a market rent); and 

(c) is not a tenancy of a description specified in the Schedule to these Regulations. 

 

The definition of tenancy is then taken from section 150 of Energy Act 2013, which defines it as any lease, license, sub-lease or sub-tenancy.  

As per (c) set out above, there are excluded tenancies which include long terms lease, i.e., ones over 7 years. Shared ownership is to be treated as it would be if the occupier had 100% of the lease, therefore a long lease of over 7 years is also excluded.  

 

Law is correct as of 27th September 2022 

Whilst every effort has been taken to ensure that the law in this article is correct, it is intended to give a general overview of the law for educational purposes. You are respectfully reminded that it is not intended to be a substitute for specific legal advice and should not be relied upon as legal advice. No liability is accepted for any error or omission contained herein.