The Smoke and Carbon Monoxide (England) Regulations 2015 came into effect from 1 October 2015. All private landlords need to provide a smoke alarm on each floor level of their rented properties as well as a carbon monoxide alarm in a room containing a solid fuel burning appliance. Where these are not provided, the Council must serve a Remedial Notice giving them 28 days to fit the device(s). If this is not complied with, the Council must arrange for the devices to be fitted and serve the landlord with a fixed penalty notice. The penalty charge can be up to £5,000 and a reduction can be given for early settlement of the charge. Each local authority must publish its regime for penalty charges.
Smoke alarms can be purchased for approximately £8 and carbon monoxide detectors for approximately £13. This is a very small outlay for landlords, smoke alarms help to protect their property and both alarms protect tenants’ lives.
Regime for penalty charges
- First offence: Charge of £1,000 reduced to £500 for early repayment
- Further offences: £5,000 with no reduction for early repayment
Civil Penalties
The Council can now serve civil penalties as an alternative to prosecution in certain cases where there are offences under the Housing Act 2004. In addition civil penalties are available for non-compliance with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. The Council’s policy on civil penalties can be found here.