The result of a 2-month consultation has meant that the Smoke and Carbon Monoxide Regulations are being amended, with new regulations to take effect from 1 October 2022.

From then Private landlords will be required to provide carbon monoxide alarms in any room in their properties used wholly or partly as living accommodation where a fixed combustion appliance is present. This includes gas fires, woodburners, oil or gas boilers, but excludes gas cookers. When a new fixed combustion appliance (excluding gas cooker) is installed, a carbon monoxide alarm will be required by law.

Landlords must be able to demonstrate that the devices were tested on the day the tenancy began. For best practice, we suggest that when landlords are getting appliances annually serviced (boilers, for example), they also ask the contractor to test the alarms so that there is a record of the devices being tested once a year. 

There will be a new obligation on all landlords to repair or replace any alarm which is found to be faulty during the period of a tenancy, and for landlords to act ‘as soon as reasonably practical’ after being advised of the problem.

There is no specific requirement set down as to whether alarms should be battery powered or hard wired.  Although hard wired are more expensive to buy, there are downsides to relying on a battery-only alarms where you risk the alarm not working if the battery runs out or is removed. Alarms are also best fitted to the wall or ceiling (following the installation instructions), as if they are not fixed then they can easily be removed by tenants.

Any landlord found to be in breach of not supplying or repairing a faulty CO alarm could be fined up to £5,000. So it’s important that you start preparing for these changes and make sure your rental properties are compliant by October.