There are more than 400 separate rules and regulations that apply to letting property and a huge number of those are concerned with the health and safety of tenants.
One of the laws that private landlords have to comply with is the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants - Updated 29 July 2022
The current rules state that private rented sector landlords must:
Testing alarms during the tenancy will still be the tenant’s responsibility. Make sure this is covered by a clause in the tenancy agreement.
These rules have also been extended to the social rented sector for the first time.
Rules on fire alarms in Houses in Multiple Occupation (HMOs)
In England and Wales, HMOs must have:
The alarms must be interconnected, and mains powered. If the HMO is three storeys or higher, an appropriate alarm system with a central panel must be installed.
Landlords must also make sure the alarm system is kept in good working order and has maintenance carried out by a competent person as per the manufacturer’s instructions – commonly every six months.
Evidence of the regular testing and servicing of fire alarms must be provided to the local authority if they request it.
Landlords should conduct regular fire drills in Houses in Multiple Occupation (HMOs) to make sure that occupants can safely escape in the event of a fire. Occupants should become familiar with the fastest and safest routes out of the building, and the importance of a quick and orderly evacuation must be emphasised.
The Regulatory Reform (Fire Safety) Order 2005 requires that the "Responsible Person" of an HMO take reasonable steps to reduce the risk of fire and to make sure that occupants can safely escape.
The Responsible Person may be the landlord in a room-only HMO, the freeholder or managing agent in a block. There is often a shared responsibility. The Responsible Person, for example the landlord, can delegate the task to a competent person, but they still retain the duty to meet the requirements of the order.
The first step in meeting the order's requirements is to conduct a fire safety risk assessment in an HMO to identify any potential hazards and risks. The assessment can then be used to inform actions to improve fire safety.
Landlords should also provide tenants with fire safety information and make sure that firefighting equipment and fire alarms are maintained in good working order.
Tenants should allow landlords access to carry out their management duties. These include access for inspection and maintenance. Tenants must follow instructions and avoid damaging fire safety equipment, wedging fire doors open, tampering with alarms and storing items in escape routes. They should also report any safety issues they find immediately to the responsible person.
Rules across the regions
In Wales, when the Renting Homes (Wales) Act 2016 came into force on 1 December 2022 it introduced a minimum standard known as the fitness for human habitation standard, which requires provision of smoke detection and carbon monoxide alarms. The legislation mirrors England. Read this article from Rent Smart Wales for more information.
alarms. The legislation mirrors England. Read this article from Rent Smart Wales for more information.
In Scotland, the regulations are slightly different. There must be at least:
All alarms should be ceiling mounted, and the smoke alarms should be interlinked.
In the year ending June 2023 there were 26,491 primary dwelling fires in England alone – that’s over 72 a day! – with 218 fatalities. And, according to the Government, if a fire breaks out in your home, you’re around eight times more likely to die if there is no working smoke alarm.
In February 2019, a family of four was saved by a working smoke alarm that alerted them to a fire, which caused extensive damage to their rented home. The landlord, who had followed the regulations correctly and installed and maintained smoke detectors in the property, made the difference between life and death for the family.
So it is imperative that you’re aware of your legal obligations as a landlord and make sure that all smoke and CO alarms are installed correctly and working properly to protect your tenants.
Further advice for landlords on smoke alarms and carbon monoxide detectors
Read our separate ultimate guide to fire safety regulations for landlords.
Currently, in England, you have the choice of battery-powered or mains-powered devices (except for HMOs), so which option should you go for?
In the year to 31 March 2019, firefighters found that 38% of battery-powered smoke alarms in homes where they attended fires did not sound an alert. Almost half of these failures were due to the alarms being incorrectly positioned, while 20% had missing or wrongly fitted batteries.
Where mains-powered smoke alarms were installed – which was in around half of the homes attended by the fire service – a fifth still failed to sound when the property was on fire.
So, battery-powered units are cheaper (around £20-£25 each) and more straightforward to install, but you’ve got to make sure they’re positioned correctly, and the batteries are fitted properly. There is also the risk that tenants might remove the batteries altogether. While a mains-powered system is more reliable, it’s clear that, in both cases, testing the alarms on a regular basis is key to keeping your tenants safe.
Carbon monoxide (CO) is a poisonous gas produced by the incomplete burning of carbon-based fuels, such as gas, wood, coal and oil.
In properties, CO leaks can come from any solid fuel-burning appliance, including gas and oil boilers, open fires and log burners. Leaks are most often caused simply by these appliances and their flues being incorrectly fitted, badly ventilated and/or poorly maintained.
When CO enters the body, it prevents the blood from carrying sufficient oxygen to cells and tissues, with the heart and brain being particularly vulnerable. One of the reasons CO is so dangerous is that you can’t see, taste or smell it – and that’s why it’s so important to have working detectors/alarms in homes.
Anyone who’s exposed to CO – even in small quantities – will experience some symptoms:
If someone only experiences symptoms when they’re in the property and soon recovers when they leave, that can be a red flag that there’s a leak. Similarly, any pets living in the property may also be unwell.
So, make sure your tenants know the symptoms to look out for and are aware that any of the following could indicate there’s a CO leak:
Advise tenants that if they suspect a gas or CO leak, they should:
According to the Office of National Statistics there are around between 100 and 200 accidental CO poisoning in England and Wales every year.
So, make sure that all the fuel-burning appliances in your rented property are properly fitted and regularly safety checked and serviced by a qualified engineer, and remind your tenants to check that both smoke and carbon monoxide alarms are working throughout their tenancy, for their own safety.
Visit the Gas Safe Register website for more information on carbon monoxide poisoning and what to do if you or your tenant suspect a gas or CO leak in your property.
Local authorities can impose fines of up to £5,000 where landlords fail to comply with a remedial notice.
However, the biggest deterrent should clearly be the potential loss of life. Smoke, fire and carbon monoxide pose a huge danger to tenants and it’s always best to go over and above your legal responsibilities when it comes to their safety.
So, make sure every appliance and alarm is professionally installed, regularly serviced or tested, and that you respond immediately to any tenant concerns about safety in the property. It is simply better to be safe than sorry.
The amended Smoke and Carbon Monoxide Alarm (England) Regulations 2015 only cover part of your fire safety responsibilities. Additional legislation includes Part 1 of the Housing Act 2004 and the Regulatory Reform (Fire Safety) Order 2005, which provide landlords with fire safety requirements designed to protect their tenants and property.
These include: carrying out periodic risk assessments, providing fire safe furnishings and making sure tenants have access to escape routes at all times, and are covered in our ultimate guide to fire safety regulations.
You can also find out more about your legal responsibilities as a landlord in Legislation for landlords: Everything you need to know.
As a landlord, protecting your property from damage and making sure you’re not left with a huge bill for repairs is extremely important. Fire can completely destroy a building and if your tenants are injured in your property, they could sue you for compensation.
The best way to protect your property and yourself against the risks involved in letting is by taking out landlord insurance that covers the specific requirements of your buy to let. Total Landlord insurance prides itself on providing landlords with comprehensive cover should the worst happen, so take a look at our offering and call us on 0800 63 43 880 to discuss your requirements.
