Carbon monoxide is a colourless, odourless gas produced by the incomplete combustion of fuel. It cannot be detected by smell or sight, and exposure can be fatal. Since October 2022, the rules on carbon monoxide alarms in privately rented properties in England have been significantly extended. This article explains what changed under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, what landlords are now required to provide, and what the consequences are for non-compliance.
What changed in October 2022?
Before October 2022, the rules on carbon monoxide alarms in privately rented properties in England required landlords to install a carbon monoxide alarm in any room used as living accommodation that contained a solid fuel burning appliance, such as a wood burning stove or open coal fire. Gas appliances were not covered.
The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 came into force on 1 October 2022 and extended this requirement significantly. From that date, a carbon monoxide alarm must be installed in any room used as living accommodation that contains a fixed combustion appliance, with the exception of gas cookers. This means that rooms containing gas boilers, gas fires, and oil boilers now require a carbon monoxide alarm. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 guidance, GOV.UK, updated July 2022.)
What is a fixed combustion appliance?
A fixed combustion appliance is an appliance that burns fuel and is fixed in place rather than portable. Examples include gas boilers, gas fires, oil boilers, wood burning stoves, and open coal fires. A gas cooker is excluded from the requirement. A portable gas or paraffin heater is not a fixed combustion appliance. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 guidance, GOV.UK.)
The most common practical consequence of the 2022 change is that any rental property with a gas boiler now requires a carbon monoxide alarm in the room where the boiler is located.
What are the smoke alarm requirements?
The 2022 Regulations also confirmed and extended the smoke alarm requirements. A landlord must install at least one smoke alarm on every storey of a rental property that is used as living accommodation. This requirement has applied to private rented properties in England since 2015 and was confirmed and extended by the 2022 Regulations. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 guidance, GOV.UK.)
A storey used only for storage does not require a smoke alarm. Every storey that contains living accommodation does.
When must alarms be tested?
The Regulations require that alarms are tested and confirmed to be in proper working order on the day a new tenancy begins. This obligation falls on the landlord or someone acting on the landlord's behalf. The landlord must carry out the test at the start of every new tenancy, not just at the point of installation. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 guidance, GOV.UK.)
After the initial test at the start of the tenancy, the ongoing responsibility for testing alarms on a regular basis passes to the tenant. However the landlord retains the responsibility to ensure alarms are installed and working at the start of each tenancy.
What type of alarm is required?
The Regulations do not specify a particular type or grade of alarm. They require that prescribed alarms are installed and are in proper working order. In practice, landlords should ensure that smoke alarms and carbon monoxide alarms meet the relevant British Standards. For smoke alarms this is BS 5446 and for carbon monoxide alarms this is BS EN 50291. Alarms should be replaced before they reach the end of their manufacturer recommended service life, which is typically seven to ten years for smoke alarms and five to seven years for carbon monoxide alarms.
What happens if a landlord is not compliant?
If a landlord is made aware that they are not compliant with the Regulations, they must take remedial action to install the required alarms as soon as practicable. The local housing authority is responsible for enforcing the Regulations in the private rented sector. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 guidance, GOV.UK.)
Where a local authority believes a landlord is not compliant, it may serve a remedial notice requiring the landlord to take action. If the landlord does not comply with the remedial notice within 28 days, the local authority may arrange for the remedial action to be carried out itself and recover the costs from the landlord. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 guidance, GOV.UK.)
The maximum civil penalty for non-compliance is £5,000 per property.
Do the rules apply to existing tenancies?
Yes. The Regulations apply to all tenancies in the private rented sector, not just new ones. A landlord whose property did not have a carbon monoxide alarm in the room containing the gas boiler before October 2022 was required to install one from that date, regardless of when the tenancy began. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 guidance, GOV.UK.)
What about houses in multiple occupation?
The alarm requirements apply to HMOs in the same way as to single household lettings. A carbon monoxide alarm is required in every room used as living accommodation that contains a fixed combustion appliance. A smoke alarm is required on every storey used as living accommodation. In an HMO with multiple floors and multiple communal areas, a landlord must ensure alarms are installed throughout all areas that meet the threshold.
What this means for landlords
Every rental property with a gas boiler now requires a carbon monoxide alarm in the room where the boiler is located. This has been the case since October 2022. A landlord whose property does not have this alarm is currently in breach of the Regulations.
Smoke alarms must be installed on every storey used as living accommodation. This has applied since 2015 and was confirmed by the 2022 Regulations.
Both sets of alarms must be tested and confirmed as working on the first day of every new tenancy. The landlord or their representative must carry out this test in person at the start of each tenancy. Keeping a dated record of the test provides evidence of compliance.
The maximum penalty for non-compliance is £5,000. Where a landlord receives a remedial notice and does not act within 28 days, the local authority may carry out the work and charge the cost to the landlord.
This article is for informational purposes only and does not constitute legal advice.