All-Party Parliamentary Carbon Monoxide Group

Landlords to face £5,000 fine for missing alarms, from 1 October

On Friday 29 July, the Department for Levelling Up, Housing and Communities published their guidance for the incoming laws for smoke and carbon monoxide alarms:

  • Landlords, social housing providers and local authorities are all advised to get ready for the incoming regulations, which will come into force in England on 1 October.
  • Rented properties will be required to have carbon monoxide alarms in all rooms where there is a ‘fixed combustion appliance’ except for a as cooker.
  • Alarm type, power source, and placement are not specified under the new laws.
  • Landlords can be fined for each breach, meaning they can be issued with unlimited £5,000 fines.
  • Tenants will be expected to replace alarm batteries when required.
  • Local authorities will be responsible for enforcing the new regulations.
  • The guidance accepts that local authorities cannot bring enforcement action against themselves. In this instance, it is noted that judicial review is one way of challenging the action of public bodies.
  • It is not clear how tenants should report a missing alarm or non-compliance, if their landlord does not act.
  • Having a program of works in place will not avoid the duty to install alarms, alarms must be installed in properties where required by 1 October.

The APPCOG advises landlords and tenants to seek further guidance from Citizens Advice.

Mr Barry Sheerman MP, co-chair of the All-Party Parliamentary Carbon Monoxide Group says:

“By making carbon monoxide alarms a legal requirement, governments are sending a strong message – carbon monoxide is seriously harmful. If you don’t have an alarm, you need to get one for your home as soon as possible. Carbon monoxide poisoning can kill. It can cause harm to our vital organs and is particularly dangerous for pregnant women and children. Please join our campaign to spread the word about carbon monoxide alarms this summer – and make sure your home is protected.”

Government publications

For landlords and tenants: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants - GOV.UK (www.gov.uk)

For local authorities: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for local authorities - GOV.UK (www.gov.uk)

Approved Document J guidance: Approved Document J 2022 amendments: circular 03/2022 - GOV.UK (www.gov.uk)