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Smoke and Carbon Monoxide – New obligations on Landlords of residential premises

Posted on 29th June 2015 in Legal Updates

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (the Regulations) will come into force in October this year. The Regulations will impose duties on landlords of residential premises regarding smoke and carbon monoxide alarms. Local authorities will be required to enforce the Regulations.

Duties on Relevant Landlords

The Regulations require Relevant Landlords in the private rented sector in England from 1 October 2015:

  • To install a smoke alarm on every storey of the rented dwelling where there is a room which is used as living accommodation (including cloakrooms and lavatories)
  • To install a carbon monoxide alarm in any room which contains a solid fuel burning combustion appliance.
  • To check that the alarms are in proper working order at the start of a new tenancy

Relevant Landlord

For the purposes of the Regulations, a Relevant Landlord is:

  • the immediate landlord under a tenancy;
  • or if the premises are let on a licence, the immediate licensor, unless the licensor is himself a tenant under a tenancy, in which case, the Relevant Landlord would be the immediate landlord of the licensor.

The above duties only apply to new tenancies (granted on or after 1 October 2015) which grant one or more persons the right to occupy all or part of the premises as their only or main dwelling for which they pay a rent. Long leases of residential premises are not included in the Regulations.

Landlords should assess their premises in the light of the Regulations as those who fail to install smoke and carbon monoxide alarms would face sanctions and could face up to a £5,000 civil penalty.

For more information please contact Caroline Nemecek on 01789 206157 or drop her an email.

Caroline Nemecek, Lodders Solicitors

Caroline Nemecek, Lodders Solicitors

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