Fitting smoke alarms and carbon monoxide alarms is one of the most straightforward compliance requirements in private renting, but it is also one where getting the details wrong is common. The rules were updated in October 2022 to extend the carbon monoxide alarm requirement to all rooms containing a fixed combustion appliance, not just those with solid fuel burning appliances. This guide explains what the current law requires, which alarms go where, what you must do at the start of each tenancy, what happens when an alarm becomes faulty, and what the enforcement and penalty framework looks like.
What the law currently requires
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force on 1 October 2015. They were updated by the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, which came into force on 1 October 2022. From that date, all relevant landlords in England must meet three requirements. First, they must ensure at least one smoke alarm is equipped on each storey of the property where there is a room used as living accommodation. Second, they must ensure a carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance, with the exception of gas cookers. Third, they must ensure any smoke alarm or carbon monoxide alarm is repaired or replaced once they are informed it is faulty and they confirm that it is. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK, updated July 2022)
The regulations apply to all homes rented by private landlords, unless the tenancy is an excluded tenancy as defined in the regulations.
What counts as a fixed combustion appliance?
A fixed combustion appliance is a fixed apparatus where fuel of any type is burned to generate heat. Typical examples include gas boilers, oil boilers, and log-burning or wood-burning stoves. Gas cookers are specifically excluded from the carbon monoxide alarm requirement. A non-functioning, purely decorative fireplace is not considered a fixed combustion appliance for the purposes of the regulations. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
This means that before 2022, carbon monoxide alarms were only mandatory where there was a solid fuel appliance such as a wood burner or coal fire. From October 2022, the requirement was extended to cover gas boilers and oil boilers as well. If your property has a gas boiler in a room used as living accommodation, a carbon monoxide alarm is required in that room regardless of when the tenancy started.
Carbon monoxide is a colourless, odourless, tasteless, poisonous gas produced by incomplete burning of carbon-based fuels including gas, oil, wood, and coal. Mild poisoning can cause headaches and flu-like symptoms, and higher concentrations can lead to collapse, coma, or death. The alarm is a back-up precaution and does not replace the requirement for proper installation and maintenance of gas equipment by a Gas Safe registered engineer. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK; Gas Safety (Installation and Use) Regulations 1998, HSE guidance)
Where alarms must be placed
The regulations do not specify the exact location for alarms within a room or on a storey, but provide guidance on best practice. For smoke alarms, at least one should be installed on every storey used as living accommodation. A hall or landing is classed as a room for the purposes of the regulations, so a smoke alarm placed in the hall or landing of a storey satisfies the requirement for that level. Smoke alarms should generally be fixed to the ceiling in a circulation space such as a hall or landing, following the manufacturer's instructions. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
For carbon monoxide alarms, one must be placed in every room containing a fixed combustion appliance other than a gas cooker. Carbon monoxide alarms should generally be positioned at head height, either on a wall or a shelf, approximately one to three metres from the potential source. The manufacturer's instructions should be followed for the specific device you are installing. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
What type of alarm is required?
The regulations do not specify whether alarms must be mains-powered or battery-powered. You may choose either type. However, the guidance recommends that landlords choose alarms based on the needs of the building and the tenants, and that smoke alarms comply with British Standard BS 5839-6 and carbon monoxide alarms comply with British Standard BS 50291. Where battery-powered alarms are selected, those with sealed-for-life batteries are the preferred option over alarms with replaceable batteries, as they are less likely to be inadvertently left without power. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
Heat detectors are not a replacement for smoke alarms under these regulations.
Landlords should also consider their duties under the Equality Act 2010 when choosing alarm types. Specialist alarms that alert by vibration or flashing lights rather than by sound may be required for residents who are deaf or hard of hearing. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
What you must do at the start of a tenancy
At the beginning of every new tenancy, you must check that each alarm is in proper working order on the day the tenancy begins. This is an active obligation and goes beyond simply having alarms installed. You need to test them. The regulations require checks to be made by or on behalf of the landlord to ensure each alarm is in proper working order on the day the tenancy begins. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
You are also responsible for keeping a record of when alarms are tested. One practical way to evidence this is to go through the inventory on the first day of the tenancy and have the tenant sign to confirm that the alarms have been tested and are in working order. The local housing authority will decide whether the evidence you provide proves you have met the requirement if a question arises. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
After the tenancy has started, regular testing of the alarms is the responsibility of the tenant. Tenants are advised to replace batteries themselves if an alarm stops working during the tenancy. If the alarm still does not work after a battery replacement, or if the tenant cannot replace the batteries, they should report this to the landlord. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
What happens when an alarm is reported as faulty
Once you are informed that an alarm is not working and you confirm it is faulty, you are legally required to repair or replace it. This is the third of the three requirements introduced in 2022. Replacing a battery counts as a repair for these purposes. If the device itself has failed, you must replace it. You should act promptly. The guidance makes clear that landlords are expected to take remedial action as soon as practicable once they are aware of a fault. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
What happens if a tenant refuses access
If a tenant will not allow you access to install or repair an alarm, the regulations require you to take all reasonable steps to comply. You are not expected to go to court to gain access in order to meet this obligation, but you must be able to demonstrate to the local housing authority that you made genuine efforts. You should write to the tenant explaining the legal requirement and that it is for their safety. You should try to arrange a visit at a time that is convenient for them. You should keep a written record of all access attempts. This record will be important if the matter is referred to the local housing authority. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
Enforcement and penalties
The regulations are enforced by local housing authorities. If a local housing authority has reasonable grounds to believe a landlord is in breach, it can serve a remedial notice requiring the landlord to take remedial action. The remedial notice must specify the action required and give the landlord a reasonable period to comply. If the landlord fails to comply with a remedial notice, the local housing authority can impose a fine of up to £5,000. Fines are applied per breach rather than per landlord or property, so each separate failure to comply with a remedial notice can result in a separate fine. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
Landlords have the right to appeal against a penalty charge notice to the First-tier Tribunal. (Source: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, GOV.UK)
What this means for landlords
You must have at least one smoke alarm on every storey of your rental property that includes living accommodation. For any room used as living accommodation that contains a gas boiler, oil boiler, log-burning stove, or any other fixed combustion appliance other than a gas cooker, you must have a carbon monoxide alarm. On the first day of every new tenancy, you must test each alarm and keep a record that you have done so. If you are told an alarm is faulty, you must repair or replace it promptly. If a tenant refuses access, document every attempt to arrange the visit. A fine of up to £5,000 per breach applies for failure to comply with a remedial notice from the local housing authority.
This guide is for informational purposes only and does not constitute legal advice.