Posts with tag: smoke alarm regulations

Landlords and Agents Must Test Smoke Alarms on Day of New Tenancy

Published On: September 30, 2015 at 3:02 pm

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From tomorrow, 1st October, the Smoke and Carbon Monoxide Alarm (England) Regulations will be enforced.

Landlords and letting agents must ensure that smoke alarms are fitted on each floor of every rental property, whether the home has a new or existing tenancy agreement.

Additionally, alarms must be tested for new tenancies starting on or after tomorrow. This requirement does not include existing tenancies, but landlords and agents are reminded that all rental homes must have smoke alarms.

A senior solicitor at law firm Hart Brown, Stephen Boyle, warns of a “slight kink in the wording of the regulations that might catch the unwary”.

He explains: “The regulations require that the landlord ensure that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy.

Landlords and Agents Must Test Smoke Alarms on Day of New Tenancy

Landlords and Agents Must Test Smoke Alarms on Day of New Tenancy

“Checking alarms a day or week before the new tenants move in would be a breach of the strict terms of the regulations, so landlords should beware of agents checking properties on their behalf in advance of a new tenancy beginning.

“If the alarms are not checked on the day the tenancy begins, the landlord will be the one facing a fine of up to £5,000.”1 

Rental properties will also be required to have carbon monoxide alarms fitted in living spaces where there are solid fuel appliances.

However, Trading Standards has revealed that independent tests on carbon monoxide alarms found that eight out of ten failed British Standards tests.

Managing Director of the Association of Residential Letting Agents (ARLA), David Cox, says that agents have been struggling to fit smoke and carbon monoxide alarms due to the tight timeframe, noting that there has been just 13 days between Parliament approving the new regulations and their implementation.

He states: “We are entirely supportive of the aims of the regulation, but have recommended that the Government has implemented too strict a timeframe for this. However, despite our calls to reconsider the timeframe, following final scrutiny of the measures a few weeks ago, the deadline was not extended and landlords must comply by tomorrow.

“For those who have not yet fitted smoke alarms, we urge them to do all they can today to ensure that their properties comply with the new regulations that come into play.”

He adds: “There are also some changes to section 21, which will come into force tomorrow, looking at when section 21 notices can be served, how long they will be valid for, what needs to be served with them, and hopefully a new prescribed section 21 notice.

“On top of all this, new retaliatory eviction measures will also be coming into force tomorrow, banning landlords from using section 21 for six months where a local authority has served an improvement notice.

“At ARLA, we have provided factsheets to all our members on these changes and encouragement for anyone who doesn’t fully understand the regulations to get up to speed as quickly as possible.”1

However, with just one day to go, there is still confusion amongst landlords and agents regarding the new requirement to fit smoke alarms and carbon monoxide alarms to homes, with many believing it only applies to new tenancies starting on or after 1st October.

Property expert Henry Pryor took to Twitter to question Housing Minister Brandon Lewis over the misconception:

Pryor asked: “@BrandonLewis Question, do the regulations apply where the premises are let under an existing tenancy?”

Lewis replied: “@HenryPryor Yes.”1

1 http://www.propertyindustryeye.com/lawyer-warns-that-agents-must-check-smoke-alarms-on-day-of-new-tenancy-and-not-before/

ARLA Clarifies Smoke Alarm Rules

Published On: September 18, 2015 at 10:46 am

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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

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/

ARLA want smoke alarm regulations delayed

Published On: September 18, 2015 at 10:45 am

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The Association of Residential Letting Agents has become the latest organisation to raise concerns over the upcoming Carbon Monoxide Alarm Regulations.

Passed officially by Parliament, the regulations come into effect on the 1st October. However, ARLA believes that this simply isn’t enough time for landlords and letting agents to fully comply with the regulations.

Concern

‘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,’ said ARLA managing director David Cox.[1]

‘Following final scrutiny of the measures yesterday in the House of Lords, landlords have until the 1st October 2015 to ensure that all tenancies have a smoke alarm fitted on every floor of their property where there is a room used wholly or partly as living accommodation. They will also be required to put a carbon monoxide alarm in any room where a solid fuel is burnt.[1]’

Cox acknowledges that these measures are completely sensible, but said that, ‘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 amount of properties, to gain access to the properties and to install these alarms on behalf of their clients in the time frame allotted.’[1]

ARLA want smoke alarm regulations delayed

ARLA want smoke alarm regulations delayed

Issues

ARLA has written to the Government to outline its concerns. Cox said that the organisation believes, ‘all existing tenancies should be allowed to have until 1st January 2016 to comply.’ He went on to say that, ‘we were encouraged to see that Lord Marlesford showed support for our proposals in Parliament and again put our suggestion to the Government.’[1]

‘However, despite our efforts it appears that the Government will now go ahead and implement the new requirements as planned. 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,’ he concluded.[1]

[1] https://www.landlordtoday.co.uk/breaking-news/2015/9/arla-calls-for-smoke-alarm-rule-to-be-delayed

 

Just Two Weeks to Fit Smoke Alarms in Rental Properties

Published On: September 17, 2015 at 1:54 pm

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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/

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

Published On: September 10, 2015 at 8:34 am

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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/