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New Rented Property Regulations: Not Just Smoke and Mirrors

Andrew McManus SolicitorThe Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force on 01 October 2015.  These Regulations were enacted to make private residential landlords take practical steps to ensure the safety of their tenants and to minimise the likelihood of accidental death from accidental Carbon Monoxide poisoning.

But what practical changes have these little-known Regulations made?

The Regulations require residential landlords to provide a smoke alarm on every storey of a rented property along with a carbon monoxide alarm in any room containing a ‘solid fuel burning combustion appliance’.  Perhaps more importantly, after 01 October 2015, checks must also be made by the landlord (or by someone on their behalf, such as a letting agent) to ensure that each alarm is in proper working order on the day that a new tenancy begins.  Landlords may be pleased to know, however, that testing alarms regularly throughout a tenancy does remain the tenant’s responsibility.

What if a Landlord doesn’t comply with the Regulations?

Each Local Housing Authority is tasked with monitoring compliance with the Regulations.  If they find a breach they may serve a Remedial Notice, requiring a Landlord to take specific action within 28 days.  If, after receipt of the notice, the landlord does not undertake the required works then the Local Authority may arrange for remedial action to be taken directly and may issue a penalty charge of up to £5,000.00 payable by the landlord.

If you would like further information on this or any other landlord and tenant related issues please contact Andrew McManus: amcmanus@keelys.co.uk

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