Smoke and Carbon Monoxide Alarm Regulations for Landlords

What Smoke and Carbon Monoxide Alarms Does a Landlord Need?

You need at least one smoke alarm on every storey that has a room used as living accommodation, and a bathroom or toilet counts as one. You also need a carbon monoxide (CO) alarm in every such room that contains a fixed combustion appliance other than a gas cooker. You must check the alarms work on the day a new tenancy begins, and repair or replace any alarm that is reported faulty. If you ignore a council remedial notice, the penalty is up to £5,000.

These duties are in regulation 4 of the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. The current version has applied since 1 October 2022, when the 2022 amendment regulations extended the CO alarm rule from solid-fuel appliances to all fixed combustion appliances except gas cookers, and added the duty to repair faulty alarms. The 2022 changes applied to existing tenancies from that date as well as new ones, so there is no "wait until you re-let" exemption.

Who the Rules Apply To

The regulations apply to any private or social tenancy (including a licence) where the occupier lives in the home as their only or main residence and pays rent (regulation 2). The main exclusions are lets where the occupier shares a kitchen or living room with the landlord or the landlord's family, long leases, student halls, hostels and refuges, care homes, and hospitals and hospices (GOV.UK guidance).

Licensed HMOs and properties that need a selective licence are outside these regulations. Instead, the same alarm requirements appear as mandatory licence conditions, together with a duty to give the council a declaration on demand about each alarm's condition and position (Housing Act 2004, Schedule 4). Unlicensed HMOs are covered by the regulations in the normal way. See our guide to HMO and selective licensing.

Which Rooms and Storeys Need an Alarm?

The regulations define "room" to include a hall or landing (regulation 4(4)). This table applies regulation 4 and the government's guidance for landlords to common layouts.

The regulations don't say where on a storey the alarm must go. The government's guidance says that, following the manufacturer's instructions, smoke alarms should generally be fixed to the ceiling in a hall or landing. It says CO alarms should generally be at head height, on a wall or shelf, about 1–3 metres from the potential source of carbon monoxide.

What Type of Alarm?

The regulations don't require a particular type, so mains-wired and battery alarms both comply. The GOV.UK guidance recommends:

• smoke alarms that comply with BS 5839-6, and CO alarms that comply with BS EN 50291
• sealed-for-life batteries rather than replaceable ones, if you choose battery alarms
• alarms that vibrate or flash for deaf or hard-of-hearing tenants, keeping in mind your duties under the Equality Act 2010

A heat detector can't replace a smoke alarm.

Checking Alarms at the Start of a Tenancy, and Repairs During It

• Day-one check. For a new tenancy, you or someone acting for you must check that each alarm works on the day the tenancy begins, meaning the day the tenant is entitled to possession. A "new tenancy" doesn't include a renewal between the same landlord and tenant for the same property (regulation 4(3)–(4)). The check can't wait for the next gas safety visit.
• Keep evidence. The guidance says you are responsible for keeping a record of the check. One method it suggests is having the tenant sign the check-in inventory to confirm the alarms were tested and working. Our check-in inventory checklist includes a line for this.
• During the tenancy. The guidance advises tenants to replace batteries themselves. If a tenant reports a fault, you must find out whether the alarm works and repair or replace it as soon as reasonably practicable (regulation 4(1)(c) and (3A)).

Enforcement and the £5,000 Penalty

The local council enforces the rules through a remedial notice. There is no fine for the breach itself unless you then fail to comply with the notice.

1. If the council has reasonable grounds to believe you are in breach, it must serve a remedial notice within 21 days of reaching that view. The notice gives you 28 days from the day it is served to put things right (regulation 5).
2. You can make written representations within those 28 days, which suspends the notice. If the council then confirms the notice, you have 21 days from being told to comply (regulation 6).
3. If you don't comply, the council must arrange for the work to be done within 28 days, with the occupier's consent and at least 48 hours' notice to the occupier (regulation 7).
4. The council can also impose a penalty charge of up to £5,000, served within six weeks of it deciding you breached the notice (regulation 8). The government's guidance says penalties apply per breach, not per landlord or per property. You can appeal to the First-tier Tribunal.

You are not in breach of a remedial notice if you took all reasonable steps to comply. If the tenant refuses you entry, you are not treated as having failed to take reasonable steps just because you didn't go to court to get access (regulation 6(2)–(3)). Keep a written record of every attempt to arrange access.

Frequently Asked Questions

This article is general guidance, not legal advice. Confirm the current statutory position and take professional advice on a specific property where needed.