Are Southampton Landlords in breach of the new regulations?

Landlords have been asking me about the new smoke/CO alarm installation regulations that are due to come into force on the 1st October requiring all landlords to install the alarms in their properties by that date. In advance of approval of the new regulations by Parliament, the Government has issued a short guide which is attached. However last week the House of Lords threw out the above proposed regulations on 8^th September and demanded it should debate them. Peers said that the Government has not done enough to inform landlords and agents of the requirement, and that the legislation is poorly worded. It is however, still possible that the legislation could kick in on October 1st therefore we would strongly suggest that your properties comply and to be honest with you we view it as a basic requirement of being a responsible landlord.

Landlords Duties:

Landlords are required to install a working smoke alarm on every story of their property being used for ‘living accommodation’ and Install a carbon monoxide alarm in any room used as living accommodation where solid fuel is used. Every landlord will need to have this done by 1^st October for all existing tenancies, and for all new tenancies starting after that date.

There is no grace period for the alarm installation after 1^st October:

So even though we still don’t know if the regulations will come into force, landlords should start dealing with this now.

A few points on the requirements:

Landlords are responsible for ensuring that the alarms are working at the start of the tenancy. Tenants are responsible for looking after them during the tenancy.

There must be a smoke alarm on every story used for residential accommodation. (Mezzanine floors are not applicable) living accommodation includes bathrooms and toilets. However, we are not told whether it also includes areas which are just used for storage (i.e. basements and lofts).  It would perhaps be prudent to install them there as well at the same time, just in case.

It is up to the landlord to decide whether their alarms should be hardwired or battery powered and where in the room they go. ‘Solid fuel’ means coal or wood, not gas or oil. Although carbon monoxide alarms are recommended for rooms with gas or oil heating.

The regulations do not apply to:

·         Live in landlords (i.e. people taking in lodgers)

·         Social landlords

·         HMO landlords (but only because they are subject to similar rules under the HMO regulations)

·         Landlords of long leases (which means leases with a term of 7 years or more) – although if the owner of the long lease rents it out, the regulations will apply to them.

Enforcement:

This will be by Local Authorities. The procedure appears to be as follows:

If a landlord is in breach, the Local Authority will issue a remedial notice requiring the landlord to fit the alarms within 28 days. The landlord must take all reasonable steps to comply, but the regulations say this does not include legal proceedings – presumably this means that landlords will not be expected to apply for an injunction or evict tenants who won’t let them in to do the installation.

If the landlord fails to fit the alarms (and have not taken all reasonable steps) the Local Authority can (subject to the tenant granting them access) arrange for this to be done and serve a penalty notice on the landlord for a sum of up to £5,000. If the landlord thinks this is unfair he can ask for the notice to be reviewed and then if it is not withdrawn, appeal to the Residential Property Tribunal. This rather looks as if the Local Authority is going to be expected to get the work done itself if the landlord doesn’t.

In summary these regulations are not law yet, but in view of the shortness of time and the fact that there is no grace period, landlords should get the relevant alarms fitted. The alarms should be installed in ALL your properties, INCLUDING the ones which have been tenanted for years. If you need more information or assistance with installing the alarms please do give me call or if you would also like a copy of the full regulation we can have that emailed to you.