ARLA has clarified some slight confusion arising from a comment posted on our story yesterday regarding the passing of the Smoke and Carbon Monoxide Alarm (England) Regulations in Parliament.
James Morris started an online debate on our site yesterday, making the point that the legislation did not make it clear exactly when a landlord would have to ensure smoke alarms were fitted.
His comment said: “Bottom of page 7 (of the legislation) states that the amendments apply only to licences granted or renewed on or after October 1 2015.
“So does this mean that essentially although these changes come into effect from October 1 2015, it actually takes effect only when the original tenancy has been renewed or when a new tenancy starts after this date?”
The bottom line is, as we said yesterday, that agents and landlords must ensure that each floor of a rental property has a smoke alarm, and that living spaces with solid fuel appliances have carbon monoxide alarms, by October 1 this year.
Helpful guidance on the Residential Landlords Association website says: “The landlord is specifically required to carry out a check to ensure that smoke alarms or carbon monoxide alarms installed to comply with the Regulations are in proper working order on the day a tenancy begins where it is a new tenancy. A new tenancy is a tenancy granted on or after 1st October 2015.
“For these purposes a new tenancy does not include a tenancy which was granted where the original agreement was entered into before 1st October 2015; nor does it include a periodic statutory tenancy which arises when a fixed term shorthold tenancy ends. It does not apply to a tenancy which starts at the end of an earlier tenancy where the landlord and tenant are the same as under the earlier tenancy and the premises are the same (or substantially the same) as those under the earlier tenancy.
“Therefore this express requirement to check does not apply to the renewal of a tenancy for the same premises by the same landlord to the same tenant.”
David Cox, managing director of ARLA, confirmed: “All properties that are let need to have smoke and carbon monoxide alarms fitted from October 1. Landlords and agents will then have to ensure that the alarms work (keep receipt/ record of demonstration) at the start of each new tenancy (on or after October 1).
“This does not include renewals under the same conditions (i.e. for the same premises by the same landlord to the same tenant) or a statutory periodic tenancy because by definition they are not new tenancies. Section 4 (4) of the Regulations defines a new tenancy.”
Commenting on the legislation, NALS chief executive Isobel Thomson said: “NALS welcomes final clarity on the implementation date of these Regulations which we fully support but, like every other agent and landlord organisation, is concerned about the extremely short timescale for compliance.
“We have advised our firms of the requirement and to do everything they can to be compliant by the due date.”
Sorry but the above is not correct, “The bottom line is, as we said yesterday, that agents and landlords must ensure that each floor of a rental property has a working smoke alarm” – no. the alarms only have to be working from 1 Oct new lets. We have alot of property with alarms, but we do not need to confirm that they are working. The comment by David Cox is correct. I called ARLA yesterday and they confirmed that properties that already have alarms do not have to actually be working.
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What is it with using 500 words when 8 will do!
New Lets – Yes
Current Lets – No
Renewals – Yes
Now I’m not suggesting for one minute that my yes and nos are correct because my head hurts with all this reading to get a yes or no answer.
So to anyone smarter than me in here (which will be most) lay it out like that
Thanks in Advance
Gump
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Current Lets are covered Gump !
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Morning. I agree that new lets and renewals after 1st October are covered but can someone please explain to me why “current lets” are not captured by the legislation because I believe they are;
Section 4 reads;
Duties of relevant landlord in relation to prescribed alarms
4.—(1) A relevant landlord in respect of a specified tenancy must ensure that—
(a)during any period beginning on or after 1st October 2015 when the premises are occupied under the tenancy—
(i)a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation;
(ii)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
(b)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
—
So to my mind the “checks” to ensure they are working also apply to new lets from the 1st October but the checks don’t apply to existing lets however the wording of the regulations seems to capture “specified tenancies” whether or not they are existing or new.
Any help to clarify, much appreciated.
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I agree with Gump !
Please could we just have a yes or no answer.
Do all current lets have to be fitted with a smoke alarm or just new lets?
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Hi Lisal1974,
Why don’t you think the current lets are covered in terms of needing to have a smoke alarm on each storey? The law which Ive set out above clearly states that a landlord of a specified tenancy must ensure that ensure that—
(a)during any period beginning on or after 1st October 2015 when the premises are occupied under the tenancy—
(i)a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation;
It doesn’t distinguish between new or old lets. That is only distinguished when it comes to the checks as to whether they are actually working or not.
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I,m so confused .!!!!!!!!!!!!!!!! who is ultimately responsible landlord or agent?
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The law is clear, the landlord is responsible. Everything else is fairly clear, i.e like Gump says,
1. New lets are captured by the legislation
2. Renewals are captured by the legislation
BUT I still don’t know whether existing tenancies are captured or not. I believe they are based on the legislation which Ive read this morning. As a solicitor of 14 years Im pretty good at interpreting legislation and Im sure Im right that landlords have to have the smoke alarms on each storey for existing tenancies too from 1st October. It seems clear and no one has yet to explain to me why it should be otherwise. I run my own letting agency so in terms of taking action we are now just going to ensure that theres a smoke alarm on each storey on all existing and new tenancies and ensure any new or renewing tenancies from 1st OCtober are also checked they are working before the tenancy commences.
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This is what we will be doing. Luckily 99% of our proeprties have smoke alarms anyway but I don’t want to start giving my landlord’s wrong advice. I’ve also been informed that all smoke alarms, both battery and mains powered have expiry dates (not just when the battery runs out in a sealed unit) so that needs to be checked too. Can’t see that in the legislation however?
Also mains powered smoke alarms have to be replaced like for like and cannot be replaced with a sealed battery item?
Although the legislation is a great idea, as usual the way it has been implemented leaves a lot to be desired especially the time scale.
What they should of said was that from the 1st October 2015 all new and renewed tenancies should have these checks in place but agents and landlords will be given till the 1st November to make sure that tenancies which aren’t due to be renewed (rollovers, etc) meet the requirements.
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Just spoken with the NLA – my interpretation is correct. The new legislation captures existing tenancies also and therefore is being applied retrospectively to existing tenancies also. So Gump/Lisa, Im afraid you were wrong. For the benefit of other readers this means the law applies to;
1. New tenancies from the 1st Oct
2. Renewals from 1st Oct
3. Existing tenancies.
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I was pointing out an easier format rather than answering.
But well done for clearing it up 🙂
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I was asking the question not answering it.
But thankyou
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Two points are important.
1. As a landlord I am more concerned with the spirit of the law. Regardless of any compulsion fitting detectors saves lives. For this reason, prior to the announcement, I had already fitted my portfolio with not only mains wired smoke, heat and Carbon monoxide (CO) alarms, but also gas detectors (in case of explosion).
2. Persuading a minority of our landlord clients to fit alarms was alarming! This required some cajoling – we lost some business. I am saddened by humanity that some value our tenants, less than the cost of a £20 cheap battery smoke or CO alarm. Do we seriously need the government to set a date for implementation before we act? Last year I suggested to a group of landlords, that in order to distinguish ourselves, from the minority rogue element of our industry, we must over comply with such measures. They laughed me out of the room, exclaiming, “What about all the landlords who do not comply – they are the ones you should be talking to…” So our benchmark is measured by the lowest, rather than the highest, standard. Such mindset has cultivated the public mis-perception that we are all just a bunch of “rogue landlords”. I am beginning to think we might deserve the label!
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This is ridiculously confusing. The below is taken from the Governments guidance notes
“15. Do the regulations apply where the premisies are let under an existing tenancy? Yes. The regulations will require private sector landlords to install at least one smoke alarm on each storey of the premises, and a carbon monoxide alarm in any room containing a solid fuel burning appliance, with effect from 1 October 2015”
This does sound like the legislation is for all properties.
When will the confusion end?!
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As James Morris pointed out, smoke and CO alarms have expiry dates. I have received conflicting advice on whether landlords/agents are required to ensure current alarms are in date for the 1st of Oct (plus 28 day grace period!)
I’m happy that all our current tenanted properties have a smoke alarm to each floor as this has always been our policy before moving tenants in, and I’ll be checking they are in date (and beep!) ready for new tenancies (not renewals) from 1st of Oct – plus the wonderful extra visits we’ll carry out to check they beep again on the start date (thanks for that Government).
But will any authority confirm my interpretation that as we don’t need to test that current tenanted property alarms are working, we also don’t need ensure they are in date? Obviously I’m happy to incorporate this into our quarterly inspections and replace any out of date alarms in a timely manner, but to check and replace c400 properties by 28/10/15? Alarming prospect!!
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