Smoke and Carbon Monoxide Alarms for Landlords: Rules, Penalties, and What Changed in 2022

The Legal Basis

The rules governing smoke and carbon monoxide alarms in rental properties come from the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (SI 2015/1693), as amended by the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (SI 2022/707). The 2015 Regulations came into force on 1 October 2015 and applied to private rented sector landlords. The 2022 amendments came into force on 1 October 2022 and extended the duties to social landlords while also expanding the scope of the carbon monoxide alarm requirement. (Source: legislation.gov.uk, SI 2015/1693 and SI 2022/707.)

These regulations sit alongside, but are separate from, other fire safety legislation including the Regulatory Reform (Fire Safety) Order 2005 and the Housing Act 2004. Landlords who hold HMO licences face additional fire safety conditions under their licence terms, which carry separate and higher penalties.

What Landlords Are Required to Do

The regulations impose four core duties on landlords of properties let under assured, assured shorthold, or assured periodic tenancies in England.

First, at least one smoke alarm must be installed on every storey of the property where there is a room used wholly or partly as living accommodation. This has been a legal requirement since 1 October 2015. (Source: Regulation 4(1)(a), SI 2015/1693.)

Second, a carbon monoxide alarm must be installed in any room used as living accommodation which contains a fixed combustion appliance, other than a gas cooker. Before 1 October 2022, this requirement applied only to rooms containing solid fuel burning appliances such as wood burners and coal fires. The 2022 amendment expanded it to cover all fixed combustion appliances, which means it now includes gas boilers, oil fired heating systems, and any other fixed apparatus where fuel is burned to generate heat. Gas cookers are specifically excluded. (Source: Regulation 4(1)(a)(ii) as amended by Regulation 5 of SI 2022/707.)

Third, landlords must check that all smoke alarms and carbon monoxide alarms are in proper working order on the day a new tenancy begins. (Source: Regulation 4(1)(b), SI 2015/1693.)

Fourth, where a tenant or their nominated representative reports that an alarm is not in proper working order and the alarm is found to be faulty, the landlord must repair or replace it as soon as reasonably practicable. This repair and replacement duty was introduced by the 2022 amendment and did not exist under the original 2015 Regulations. (Source: Regulation 4(1)(c) as inserted by SI 2022/707.)

Where Alarms Must Be Placed

The term "living accommodation" is interpreted broadly. It includes bedrooms, living rooms, kitchens, and also bathrooms and toilets. For the carbon monoxide alarm requirement, the term "room" includes halls and landings. (Source: GOV.UK, "Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants".)

This means that if a gas boiler is located in a hallway or a utility cupboard within a room used as living accommodation, a carbon monoxide alarm is required in that space. If the boiler is in a room that is not used as living accommodation at all, the regulations do not strictly require an alarm in that room, although installing one would be considered good practice.

Smoke alarms do not need to be in every room. The requirement is one per storey, installed on any storey that contains a room used as living accommodation. In practice, they should be positioned in circulation areas such as hallways and landings where they are most likely to detect smoke from any room on that floor.

Standards and Specifications

The GOV.UK guidance recommends that smoke alarms comply with BS EN 14604 and that carbon monoxide alarms comply with BS 50291. Battery powered alarms are legally acceptable, but the government recommends long life, sealed battery or mains powered alarms with battery backup where possible. For HMO properties, licensing conditions typically require interlinked, mains powered alarm systems, which go beyond the baseline set by these regulations. (Source: NRLA, "Smoke & Carbon Monoxide Detectors in Rental Properties".)

Landlords should be aware that smoke alarms have a limited operational lifespan, typically around ten years. An alarm that tests successfully may still be past its manufacturer's recommended replacement date, and replacing ageing alarms is considered best practice even if not explicitly required by the regulations.

What Happens if a Landlord Does Not Comply

Enforcement is carried out by local housing authorities. Where a local authority has reason to believe that a landlord is in breach of the regulations, it must serve a remedial notice specifying the action to be taken. The landlord has 28 days to comply with the notice. If the landlord makes written representations within that period, the notice is suspended until the authority reviews its decision. The authority must provide its review outcome within seven days of the representation period ending. If it fails to do so, the notice is deemed withdrawn. (Source: Regulation 5 as amended by SI 2022/707.)

If the landlord does not comply with a confirmed remedial notice, the local authority may arrange for the necessary work to be carried out (with the tenant's consent) and may impose a financial penalty of up to £5,000. (Source: Regulation 8, SI 2015/1693.)

For licensed HMO properties, the smoke and carbon monoxide alarm requirements are typically included as mandatory licence conditions under the Housing Act 2004. A breach of a mandatory licence condition is a separate offence and can result in a civil penalty of up to £30,000. (Source: NRLA, "Smoke & Carbon Monoxide Detectors in Rental Properties".)

Beyond the financial penalties, non-compliance creates practical risks. Courts now scrutinise compliance with prescribed safety obligations when landlords apply for possession orders, and a gap in fire safety documentation could complicate proceedings.

Connection to the Written Statement of Terms

From 1 May 2026, the Renters' Rights Act 2025 requires landlords to include information about their smoke and carbon monoxide alarm duties in the written statement of terms provided to tenants at the start of a new assured periodic tenancy. The Assured Tenancies (Written Statement of Terms) Regulations 2026 do not require the landlord to reproduce the full text of the alarm regulations, but the statement must confirm that the landlord is under an obligation to ensure alarms are installed and maintained in accordance with the regulations. (Source: SI 2026/324, Schedule.)

This means that smoke and carbon monoxide alarm compliance is no longer just a standalone safety obligation. It is now embedded in the broader tenancy documentation framework introduced by the Renters' Rights Act, and failure to address it in the written statement could itself result in a separate penalty of up to £7,000.

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