The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force on 1 October 2015.

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 came into force on 1 October 2022. It extended the requirements to require:

• A carbon monoxide alarm to be installed in any room used as living accommodation which contains a fixed combustion appliance (gas fires, gas and oil boilers but not gas cookers)
• Smoke alarms and carbon monoxide alarms are repaired or replaced by the landlord once informed and found that they are faulty
• A landlord must check that the alarms in the property are working properly at the start of a new tenancy or licence. The tenant is responsible for testing the alarm(s) during the tenancy and should contact the landlord if an alarm stops working to arrange for new batteries or a replacement alarm. Landlords must ensure that the alarm is repaired or replaced as soon as reasonably practicable after a report that an alarm is faulty

The regulation now applies to all reregistered providers of social housing.

The requirements are enforced by local authorities who can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice.

Local Housing Authorities are required to prepare and publish a Statement of Principles which it must have regard to, in determining the amount of a penalty charge.

Shropshire Council will have regard to the following statement when determining the amount of a penalty charge and we may revise and republish the statement when necessary.

Statement of Principles – Shropshire Council

Where the Council is satisfied that a landlord on whom a Remedial Notice has been served continues to be in breach of their duty to provide smoke and/or carbon monoxide alarms in working order, the Council may issue a financial penalty charge.  The penalty charge is designed to

• seek to deter repeat breaches of these regulations
• deter others from committing the offence
• remove any financial benefit the offender may have obtained as a result of committing the offence
• recover the costs of any works carried out by the Council

The Council will impose the maximum penalty level of £5,000 for any breach of the Regulations; however, where representations are received that demonstrate the breach/breaches occurred due to extenuating and exceptional circumstances, the level of the penalty will be independently reviewed by a senior manager and may be reduced. A financial penalty will be imposed only after engagement with the landlord has been attempted, in order to discuss how and why compliance with the Regulations has not been possible

Tenancies that are exempt from these regulations:

• shared accommodation with a landlord or landlord’s family
• long leases
• student halls of residence
• hotels and refuges
• care homes
• hospitals and hospices
• low cost ownership homes
• other accommodation relating to health care provision