The original inspection was completed by Derby City Council (DCC) on 5^th November 2015 where 3 category 1 hazards were identified relating to excess cold, falls on stairs and fire safety. The landlord was informed of the issues and warned that a notice would be served requiring him to remedy the issues highlighted.

The landlord responded stating that for him to complete the works, he required vacant possession of the property and so would be serving notice on the tenant in order to access the property. This notice had not been served by 15^th December 2015 and so DCC advised the landlord that if he failed to serve the notice on the tenant requiring possession of the property that he would be served with an improvement notice requiring him to remedy the hazards at the property.

The landlord informed DCC that he was having issues with access, so DCC organised access directly with the tenant for early January 2016 which the landlord did not utilise. Mid-January DCC were informed that the landlord had received quotes for certain works but that the landlord would be disputing the works regarding fire safety – in this case the requirement was to install a hard-wired interlinked system due to the nature of the property, which the landlord was made fully aware of on 2 separate occasions.

DCC served an improvement notice on the property on 26^th January 2016 requiring the landlord to remove the 3 hazards identified by 24^th March 2016. The landlord appealed this notice stating that DCC’s conduct was heavyhanded and the works order regarding fire safety was disproportionate.

The Upper-Tier Tribunal decided that the serving of an Improvement notice in this case was appropriate due to the nature of the hazards identified and that the requirement for hard-wired interlinked smoke alarms was proportionate due to the inherent fire risk at dwelling due to its internal layout.

Amanda Rose, MCIEH, BSc Hons FROM Derby City Council states:

The decision made by the tribunal is a good result for Local Authorities making informed choices as to the risks involved with regards to the use of interlinked hard wired fire detection versus standalone battery operated detection in a privately rented property. The new Smoke and Carbon Monoxide Alarm (England) Regulations 2015 have caused a lot of confusion with landlords, and their legal requirements on the provision of fire detection equipment.

With regard to smoke alarm provision generally and the new smoke alarm regulations, they are designed to act as a backstop minimum standard to reduce fire related injury and deaths from the beginning of the tenancy. Compliance with it, is achievable through the installation of battery powered smoke alarms only (although the guidance that accompanies the regulations does encourage Landlords to make an informed decision on the design of an alarm appropriate for the circumstances).

However, the new regulations do not in any way alter the provisions of Part 1 of the Housing Act 2004, and the assessment of the property under the Housing Health & Safety Rating System. Therefore, if an officer judges that a mains operated, interlinked fire detection system is required to reduce fire related Hazards (and that a battery operated smoke alarm is not sufficient due to location, previous failures, audibility e.t.c), a mains wired fire detection system may still be required on some occasions. This is in line with the recommendations of the LACORS Fire Safety Guide which remains in operation for England & Wales and is endorsed by the Chief Fire Officers Association and Chartered Institute of Environmental Health. This is because the new smoke alarm regulations do not take any account of many factors, such as the internal layout of a property (inner rooms), the quality or compliance of a development/conversation with Building Control legislation (or not), the constructional fire resistance and inadequate means of escape caused by poor layouts, cooker positions, and/or a lack of necessary escape windows.

This decision does help to clarify why as an officer we still have to carry out a risk assessment of each individual property as to the safest way to protect the tenants from Fire related hazards.

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