Private landlord advice

Smoke and Carbon Monoxide Alarms

Sandwell MBC Statement of Principles.

Introduction

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 introduces the following requirements for all landlords during any period beginning on or after 1st October 2015 when the premises are occupied under the tenancy-

  1. a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation;
  2. a carbon monoxide alarm is equipped in any room of the premises which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance; and
  3. checks are made by or on behalf of the landlord to ensure that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy.

Enforcement

Where the Local Housing Authority has reasonable grounds to believe that

  • there are no or insufficient number of smoke alarms or Carbon Monoxide Detectors in the property as required by the regulations or;
  • the Smoke Alarms or Carbon Monoxide Detectors were not working at the start of a tenancy or licence.

Then the Authority shall serve on the Landlord in a method prescribed by the
Regulations, a Remedial Notice detailing the actions the landlord must take to comply with the Regulations.

If after 28 days the Landlord has not complied with the Remedial Notice a Penalty Charge shall be levied through a penalty charge notice.

Principles to be followed in determining the amount of a Penalty Charge

The Authority considers that a lesser penalty will be merited on the occasion of a first or second offence.

The level of penalty should, however, as a minimum, cover the cost of all works in default, officer time, recovery costs, an administration fee and a fine.
Repeated offences should attract a progressively higher penalty in view of continuing disregard for legal requirements and tenant safety. 

If, following the service of a first penalty charge notice, a notice (or notices) is (are) served in respect of a further offence (or offences), but the further offence(s) arose prior to the service of the first notice, the penalty charge in respect of each notice shall be treated as a first offence penalty charge. Subsequent offences will, however, be treated cumulatively.