Posts with tag: landlord smoke alarm regulations

Just Two Weeks to Fit Smoke Alarms in Rental Properties

The Smoke and Carbon Monoxide Alarm (England) Regulations have finally been passed in Parliament.

Landlords and letting agents now have until 1st October to fit a working smoke alarm to each storey of a rental property and carbon monoxide alarms to all rooms with solid fuel appliances.

The Association of Residential Letting Agents (ARLA) warns that it is “simply impracticable” for agents that manage large portfolios to comply in the timeframe.

Just Two Weeks to Fit Smoke Alarms in Rental Properties

Just Two Weeks to Fit Smoke Alarms in Rental Properties

Last week, the House of Lords refused to approve the regulations, questioning whether they should be enforced in their current form and when.

Peers claimed that the regulations had not been publicised enough and that they were badly drafted.

However, the House of Lords has now accepted the regulations and the House of Commons also approves.

The Managing Director of ARLA, David Cox, has criticised the tight timeframe.

He says: “Whilst ARLA is entirely supportive of the aims of the regulations, we remain concerned that the Government has ignored calls from across the private rented sector to reconsider the timeframe for its implementation.

“Whilst these measures are entirely sensible, ARLA is concerned that landlords will not have enough time to comply with the requirements, as it is simply impracticable for letting agents, who may manage a huge amounts of properties, to gain access to the properties and to install these alarms on behalf of their clients in the timeframe allotted.”

Cox continues: “On behalf of its members, ARLA has written to the Government on this issue to raise its concerns and suggested that all existing tenancies should be allowed to have until January 1st to comply.

“We were encouraged to see that Lord Marlesford showed support for our proposals in Parliament and again put our suggestion to the Government.

“However, despite our efforts it appears that the Government will now go ahead and implement the new requirements as planned.”

He advises: “We urge our members to ensure that they do all they can to ensure that their properties comply with the new regulations before the measures come into effect.”1 

1 http://www.propertyindustryeye.com/a-race-against-time-just-two-weeks-to-fit-smoke-alarms-in-all-rental-properties/

ARLA Requests More Time for Smoke Alarm Regulations Enforcement

The Association of Residential Letting Agents (ARLA) has called on the Housing Minister, Brandon Lewis, to reconsider the timeframe in which landlords must comply with the requirement to install smoke alarms on each storey of their rental properties and carbon monoxide alarms in rooms with solid fuel appliances.

ARLA Requests More Time for Smoke Alarm Regulations Enforcement

ARLA Requests More Time for Smoke Alarm Regulations Enforcement

ARLA’s Managing Director, David Cox, observes that the draft Smoke and Carbon Monoxide Alarm (England) Regulations 2015 could be implemented for new tenancies on 1st October, but believes there should be a deadline of 1st January 2016 for all other tenancies.

These comments arrive after the House of Lords rejected the draft regulations, with just three weeks to go before the scheduled enforcement. Read more here: /house-of-lords-rejects-smoke-alarm-law-with-just-3-weeks-to-go/

The issue will return to a full sitting of the House of Lords for discussion next week.

In a letter to Lewis, Cox states: “We fully support the principle that all tenants should benefit and expect a working smoke and carbon monoxide alarm in their property.”1

He suggests:

  • From 1st October 2015, all new tenancies should comply with the regulations, as drafted.
  • However, all existing tenancies should be allowed until 1st January 2016 to comply. Cox says that this is not to allow landlords to avoid their responsibilities, but to ensure it is practically possible to buy and install alarms in time, particularly for letting agents, who often have large portfolios of rental properties.
  • An amendment to the regulations so that landlords must ensure alarms are tested either two weeks before or after the start date of each new tenancy. For example, a tenancy commencing on 1st November 2015 must have testing completed between 18th October and 15th November 2015. He believes this allows some flexibility for the landlords that have several properties and agents who can sometimes manage multiple check-ins on the same day.

1 http://www.propertyindustryeye.com/shambles-over-smoke-alarms-in-private-rented-properties-arla-asks-for-more-time/

 

House of Lords Rejects Smoke Alarm Law with Just 3 Weeks to Go

New legislation on the installation of smoke and carbon monoxide alarms in private rental properties has been rejected by the House of Lords, with just three weeks to go before its enforcement.

The requirement was for alarms to be installed in almost all private rental homes by the end of this month.

However, the draft regulations have not been approved by Parliament, and yesterday, the House of Lords rejected them and demanded a debate.

Peers argued that the Government has not done enough to inform landlords and letting agents of the requirement, and that the legislation is poorly worded.

House of Lords Rejects Smoke Alarm Law with Just 3 Weeks to Go

House of Lords Rejects Smoke Alarm Law with Just 3 Weeks to Go

However, landlords and agents should be aware that the legislation could still be implemented on 1st October this year.

Just days ago, the Government rushed out a guide to the requirement, despite it not going through Parliament yet.

Currently, the rules would require at least one smoke alarm on every storey of the property.

The draft regulations state that there will be no grace period and landlords breaching the legislation could be fined up to £5,000.

Now, it is unclear whether the requirement will be enforced from 1st October and if so, whether landlords and their agents will be given more than a few days’ notice to comply. The regulations may even be changed.

Yesterday, the British Property Federation (BPF) criticised the “Government’s disorganisation and lack of clarity.”1

Additionally, it complained of a lack of consultation.

If the draft regulations do not change, landlords or their agents are required to fit a working smoke alarm on each floor of their rental property. A carbon monoxide alarm must also be fitted in any room where solid fuel is used.

The requirement covers properties with existing and new tenancies.

Landlords or their agents will be responsible for ensuring the alarms work at the start of the tenancy. Tenants are then responsible for looking after them.

Houses in Multiple Occupation (HMOs) are exempt from the rules, as they have their own regulations on alarms. Properties owned by social landlords are also exempt.

Local authorities will enforce the legislation, requiring landlords to fit alarms within 28 days.

The Government’s guide can be accessed here: https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords

1 http://www.propertyindustryeye.com/chaos-as-lords-rejects-smoke-alarm-regulations-with-just-three-weeks-to-go/