This article is an external press release originally published on the Landlord News website, which has now been migrated to the Just Landlords blog.
The Association of Residential Letting Agents (ARLA) has clarified some confusion over the Smoke and Carbon Monoxide Alarm (England) Regulations.
ARLA Clarifies Smoke Alarm Rules
James Morris discussed online yesterday his misunderstanding of the legislation, saying that it is not clear on when a landlord must fit smoke alarms.
He asked: “Bottom of page 7 (of the legislation) states that the amendments apply only to licenses granted or renewed on or after October 1st 2015.
“So does this mean that essentially although these changes come into effect from October 1st 2015, it actually takes effect only when the original tenancy has been renewed or when a new tenancy starts after this date?”1
Crucially, landlords and letting agents must ensure that each floor of a rental property has a working smoke alarm and that living spaces with solid fuel appliances have carbon monoxide alarms by 1st October 2015.
Managing Director of ARLA, David Cox, confirms: “All properties that are let need to have smoke and carbon monoxide alarms fitted from October 1st. 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 1st).
“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.”1
Chief Executive of the National Approved Letting Scheme (NALS), Isobel Thomson, comments: “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.”1
1 http://www.propertyindustryeye.com/arla-clears-up-confusion-over-smoke-alarm-regulations/
