On 1 October 2015 the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force. These regulations are enforced by Telford and Wrekin Council, Environmental Health team.
Landlords now have a legal duty to ensure that there is a working smoke alarm on each storey of a premises where there is a habitable room. Checks must also be made by the landlord, or on behalf of the landlord, to ensure that the alarms are working at the beginning of each new tenancy.
Tenants must not tamper with smoke alarm, remove them, cover them up or in any other way damage or prevent them from operating in their intended manner.
Carbon monoxide alarms
Landlords have a legal duty to install a carbon monoxide alarm in any room of the premises which is used as living accommodation and contains a solid fuel burning combustion appliance. Solid fuel burning combustion appliances include: coal fires, wood fires, wood burning stoves, pellet boilers and biomass boilers. Gas boilers are not included within this definition.
Carbon monoxide (CO) is a colourless, odourless gas so it is important that where a carbon monoxide alarm is installed, it remains in situ and batteries are not removed.
Checks must be made by the landlord, or on behalf of the landlord, to ensure that the alarms are working at the beginning of each new tenancy.
What should you do if you’re a landlord?
If you are a landlord, please ensure that at the start of each new tenancy that there are smoke and carbon monoxide alarms in situ and working as intended. You are recommended to highlight the provision of the alarms to your tenant and include reference to their operability on the property inventory, with photographic evidence which you can rely on at a later stage.
What should you do if you’re a tenant?
Do not tamper with any alarms provided in the property. They have been installed for your safety.
If you do not have any alarms in the property, please speak to your landlord/letting agent in the first instance and give them an opportunity to install alarms for you. If your landlord still fails to install alarms, please report this to Environmental Health by email firstname.lastname@example.org or alternatively please telephone 01952 381818.
Action we will take
Upon inspection of a property, if there is sufficient evidence to show that the landlord has not supplied a working smoke alarm on each storey of living accommodation, has not supplied a CO alarm where necessary and / or did not ensure that the alarms were working at the start of the tenancy, we have a duty to serve a remedial notice under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.
Statement of principles
In accordance with the Smoke and Carbon Monoxide Alarm (England) Regulations 2016 please download the statement of principles.
A guidance document has been provided to assist landlords and tenants in relation to the application of this legislation.
Gas health and safety
The Health & Safety Executive routinely produces information bulletins for both landlords and tenants.
In addition, Gas Safe are happy to investigate any gas safety complaints you may have about work carried out by a registered engineer, be it at your property or another address.
Likewise, if you’re aware that someone is carrying out gas work outside of registration, you can report the matter online at Gas Safe and they will look to investigate.