Smoke and CO alarms: the 2022 rules landlords still miss

The rules on smoke and carbon monoxide alarms in private rentals changed on 1 October 2022, and more than three years on we still see landlords working from the old rulebook. Here’s where we are now.

The current rules in England (private rented sector)

• At least one smoke alarm on every storey of the property on which there is a room used wholly or partly as living accommodation. A hallway counts if a room opens onto it on that floor; a bathroom-only floor does not.
• A carbon monoxide alarm in every room used as living accommodation which contains a fixed combustion appliance (gas boiler, gas fire, wood burner, oil boiler, solid fuel stove). Gas cookers were specifically excluded from the requirement, though fitting one is still good practice.
• Alarms must be checked on the day the tenancy begins and confirmed to be in working order. This is the landlord’s responsibility, and it’s the step most commonly missed.
• When a tenant reports a faulty alarm, the landlord must repair or replace it as soon as reasonably practicable.

What changed in October 2022

Before then, CO alarms were only required for solid fuel appliances. The 2022 amendment extended the requirement to all fixed combustion appliances in rooms used as living accommodation — bringing gas boilers and gas fires into scope. A lot of older housing stock has a gas boiler in a cupboard off a hallway or in a kitchen — the CO alarm requirement still applies.

Positioning

The regulations don’t prescribe exact placement, but manufacturer instructions should be followed. As a rule of thumb: smoke alarms on the ceiling, central, away from the kitchen and bathroom. CO alarms at head height or as specified by the manufacturer, in the same room as the appliance.

Hardwired vs battery

Either is acceptable. Battery alarms are fine as long as they’re working. Ten-year sealed-battery alarms are the low-hassle choice for rentals.

Enforcement

Local authorities can serve a remedial notice if they have reason to believe the rules are breached. If the landlord doesn’t comply within 28 days, the council can carry out the work and recover the cost, plus impose a penalty of up to £5,000.

HMOs are different

Licensed HMOs typically require a grade D1 interlinked system or better under the LACORS fire safety guidance. If your property is an HMO, these minimum rules are a floor, not a ceiling.

The common mistake

Relying on the tenant to test the alarms. The “test on day one of the tenancy” is the landlord’s legal duty and you need a record of it — a dated photo or a signed check-in inventory will do.

References and further reading

• The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, as amended — legislation.gov.uk/uksi/2015/1693/contents
• The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 — legislation.gov.uk/uksi/2022/707/contents/made
• GOV.UK, Smoke and carbon monoxide alarms: guidance for landlords — gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords
• LACORS, Housing — fire safety: Guidance on fire safety provisions for certain types of existing housing — cieh.org/media/1244/guidance-on-fire-safety-provisions-for-certain-types-of-existing-housing.pdf

General guidance, not legal advice. Enforcement varies by local authority — check with yours if you’re uncertain about a specific property.