Landlord Carbon Monoxide Detector & Smoke Alarm Requirements

By law, landlords in England must ensure smoke alarms are installed in all of their rented properties and carbon monoxide alarms are fitted in every room with a solid fuel heating appliance.

In this guide, we cover everything you need to know about landlord carbon monoxide detector and smoke alarm requirements, including:

• What the requirements are in rental properties
• Your obligations as a landlord
• Your tenants’ obligations
• What happens if you don’t comply with the regulations

These regulations only apply in England at the moment. However, similar carbon monoxide alarm regulations for landlords have been introduced in Wales under the Renting Homes (Wales) Act 2016.

From 1 October 2022, both private and social landlords must ensure that a smoke alarm is equipped on each story where there is a room used wholly or partially as living accommodation. This has been a legal requirement for private landlords since 2015, but now applies to social housing landlords as well.

All properties are expected to have a carbon monoxide detector fitted in any room that is used as living accommodation and contains a fuel burning appliance. This is any appliance that uses fuel to generate heat, including gas boilers, wooden stoves, and open fires. However, gas cookers are excluded.

The regulations do not stipulate what kind of smoke or carbon monoxide alarm for landlords is required, just that it works.

However, for smoke alarms, ideally, it should be a mains-wired, interconnected alarm system as this is the modern standard required in the building regulations. If you use a standalone battery-powered smoke alarm, local authorities are likely to consider this a hazard if they inspect, likely requiring you to improve it using their powers under the Housing Health and Safety Rating System.

You’ll need at least one smoke alarm on every storey which is used as living accommodation and one carbon monoxide alarm in every room which is used as living accommodation containing a fuel burning appliance.

However, the regulations do not stipulate exactly where the alarms should be fitted or placed. You should follow the alarm manufacturer’s instructions to find out where to place them. This will typically be at head height between 1-3 meters away from the fuel-burning source for carbon monoxide alarms and in a circulation point for smoke detectors.

Landlord carbon monoxide detector and smoke alarm obligations include making sure that all alarms are in proper working order on the day a new tenancy begins as part of your pre-tenancy landlord duties.

Additionally, if you’re notified by a tenant that a smoke or carbon monoxide alarm is not working properly, the latest regulations stipulate that you must investigate and repair or replace the alarm as soon as reasonably possible.

It is the tenant’s responsibility to check the alarm during the tenancy. As the landlord, it’s advised that you provide them with the instruction manual or demonstrate how to perform these checks to ensure they’re done correctly.

If tenants find that their alarms are not in working order during the tenancy, they should replace the batteries themselves. If the alarm still does not work after replacing the batteries or the tenant is unable to replace the batteries themselves, they should report this to the landlord.

These regulations apply to almost all residential premises in the private rented sector. This includes tenancies where the building is in mixed use, such as a flat above a shop.

There are various excluded tenancies found in the Act, such as:

• A tenancy under which the occupier shares any accommodation with the landlord or a member of the landlord's family. There must be sharing of an amenity which includes a toilet, personal washing facilities, a kitchen or a living room but excludes any reference to storage or access
• A tenancy which is let on a long lease (more than 7 years)
• Student halls of residence
• Hostels

Smoke and carbon monoxide alarm regulations are enforced by the local authority.

A local authority must serve a remedial notice within 21 days where they have reason to believe that the landlord is in breach of any of these duties relating to smoke alarms or carbon monoxide alarms. A remedial notice must specify the action to be taken within 28 days of the date of service of the notice. 

Should the landlord wish to make representations to the local authority they have 28 days in which to respond to the remedial notice. Once this has been done, the notice is suspended until the local authority reviews their decision and notifies the landlords of the outcome.

The outcome of the review must be provided to the landlord in writing no later than 35 days after the original notice is served. If the local authority does not do this, then the notice is considered to be withdrawn.

If the notice is confirmed after review, landlords will have 21 days to address the contents of the notice and fix the issues.

If the landlord is in breach the local authority may require the landlord to pay a penalty charge up to a maximum of £5,000. It has discretion whether or not to impose this charge and if intends to impose a charge, must serve a penalty charge notice within six weeks from when first satisfied that a breach has occurred. A right to make representations against the penalty notice is given and the local authority may reduce the charge for prompt payment.

For licensed properties, failure to comply with this regulation is a breach of a mandatory condition. This carries a potential civil penalty of up to £30,000.

The existing smoke and carbon monoxide alarm law for landlords makes clear that you must take all reasonable steps to comply with a remedial notice but are not expected to go to court to gain access in order to be compliant. Landlords should be able to demonstrate that they have taken all reasonable steps to comply with local authorities.

If your tenant refuses access, you should write to them to explain that it is a legal requirement to install the alarms and that it is for their own safety. You should try to arrange a time to visit that is convenient for the tenant, and keep a written record of access attempts to provide to the local housing authority if required.

You should attempt to understand why tenants cannot or will not provide access and work with them to find a solution.
 

Complying with landlord carbon monoxide detector and smoke alarm requirements is just one of many safety responsibilities you have as a landlord. Other obligations include:

• Annual gas safety check and record
• Electrical check and EICR every five years
• Valid energy performance certificate

For a full list of your safety responsibilities, please see our guide on what safety certificates landlords need to provide.