The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

Made: 17th September 2015

Coming into force in accordance with regulation 1(1)

A draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 150(9) of the Energy Act 2013 and section 250(6)(f) of the Housing Act 2004.

PART 1 — Introduction

Citation, commencement and application

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• (1) These Regulations may be cited as the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 and come into force on 1st October 2015.

• (2) Subject to paragraph (3), these Regulations apply to England only.

• (3) Regulation 15 applies to England and Wales.

Interpretation

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• (1) In these Regulations—

• “authorised person” means a person authorised in writing by the local housing authority for the purpose of taking remedial action under regulation 7;

• “building” includes part of a building;

• “penalty charge” means a monetary penalty imposed under regulation 8;

• “premises”[^f00003] does not include vehicles or vessels or— an HMO (as defined in section 77 of the Housing Act 2004) in respect of which a licence is required under Part 2 of that Act, or a house (as defined in section 99 of that Act) in respect of which a licence is required under Part 3 of that Act;

• “prescribed alarm” means an alarm which is required to be equipped at residential premises under regulation 4(1)(a);

• “remedial action” means action— to install a prescribed alarm; to repair a prescribed alarm; or to check a prescribed alarm is in proper working order;

• “remedial notice” means a notice requiring the landlord on whom it is served to take such remedial action as is specified in the notice in accordance with regulation 5(2)(c);

• “rent” includes any sum paid in the nature of rent;

• “residential premises”[^f00004] means premises (as defined above) all or part of which comprise a dwelling; and

• “specified tenancy” means a tenancy[^f00005] of residential premises in England which— grants one or more persons the right to occupy all or part of the premises as their only or main residence; provides for payment of rent (whether or not a market rent); and is not a tenancy of a description specified in the Schedule to these Regulations.

PART 2 — Prescribed alarms

Meaning of “relevant landlord”

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• (1) For the purposes of these Regulations, a landlord is a “relevant landlord” if the landlord is the immediate landlord in respect of a specified tenancy.

• (2) In paragraph (1) “immediate landlord”—

• (a) where the premises are occupied under a specified tenancy which is not a licence means the person for the time being entitled to the reversion expectant on that tenancy; and

• (b) where the premises are occupied under a specified tenancy which is a licence means the licensor, except that where the licensor himself or herself occupies the premises under a specified tenancy which is not a licence, it means the person for the time being entitled to the reversion expectant on that tenancy.

Duties of relevant landlord in relation to prescribed alarms

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• (1) A relevant landlord in respect of a specified tenancy must ensure that—

• (a) during any period ... when the premises are occupied under the tenancy—

• (i) a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation;

• (ii) a carbon monoxide alarm is equipped in any room of the premises which is used wholly or partly as living accommodation and contains a fixed combustion appliance other than a gas cooker; ...

• (b) checks are made by or on behalf of the landlord to ensure that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy; and

• (c) where, following a report made on or after 1st October 2022 by a tenant or by their nominated representative to the landlord, a prescribed alarm is found not to be in proper working order, the alarm is repaired or replaced.

• (2) For the purposes of paragraph (1)(a), a bathroom or lavatory is to be treated as a room used as living accommodation.

• (3) For the purposes of paragraph (1)(b), a tenancy begins on the day on which, under the terms of the tenancy, the tenant is entitled to possession under that tenancy.

• (3A) For the purposes of meeting the requirement in paragraph (1)(c) both the determination (following a report) as to whether the prescribed alarm is in proper working order and any required repair or replacement must be carried out by or on behalf of the landlord as soon as reasonably practicable.

• (4) In this regulation—

• “new tenancy” means a tenancy granted on or after 1st October 2022, but does not include—a tenancy granted in pursuance of an agreement entered into before that date;a periodic shorthold tenancy which arises under section 5 of the Housing Act 1988[^f00007] on the coming to an end of a fixed term shorthold tenancy;a tenancy which comes into being on the coming to an end of an earlier tenancy, under which, on its coming into being—the landlord and tenant are the same as under the earlier tenancy as at its coming to an end; andthe premises let are the same or substantially the same as those let under the earlier tenancy as at that time;

• “room” includes a hall or landing; and

• “shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988.

PART 3 — Remedial action

Duty of local housing authority to serve a remedial notice

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• (1) Where a local housing authority has reasonable grounds to believe that, in relation to premises situated within its area, a relevant landlord is in breach of one or more of the duties under regulation 4(1), the authority must serve a remedial notice on the landlord.

• (2) A remedial notice must—

• (a) specify the premises to which the notice relates;

• (b) specify the duty or duties that the local housing authority considers the landlord is failing or has failed to comply with;

• (c) specify the remedial action the local housing authority considers should be taken;

• (d) require the landlord to take that action within 28 days beginning with the day on which the notice is served;

• (e) explain that the landlord is entitled to make written representations against the notice within 28 days beginning with the day on which the notice is served;

• (f) specify the person to whom, and the address (including if appropriate any email address) at which, any representations may be sent; and

• (g) explain the effect of regulations 6, 7 and 8, including the maximum penalty charge which a local housing authority may impose.

• (3) The local housing authority must serve a remedial notice within 21 days beginning with the day on which the authority decides it has reasonable grounds under paragraph (1).

• (4) The local housing authority must consider any representations made by the landlord within the period specified in paragraph (2)(e).

• (5) Where the landlord makes such written representations the remedial notice is suspended from the beginning of the day following the day on which the representations were received until the local housing authority has complied with paragraphs (4) and (6).

• (6) The local housing authority must—

• (a) where the outcome of the consideration under paragraph (4) is to confirm the remedial notice, inform the landlord in writing that the remedial notice is confirmed (with or without amendment as the case may be) and the suspension under paragraph (5) ceases to have effect,

• (b) where the outcome of the consideration under paragraph (4) is to withdraw the remedial notice, inform the landlord in writing that the remedial notice is withdrawn,

within 7 days beginning with the day on which the period specified in paragraph (2)(e) expires.

• (7) Where the local housing authority fails to inform the landlord in writing as required by paragraph (6) within the 7 days determined in accordance with that paragraph, the remedial notice served is deemed to be withdrawn.

Duty of relevant landlord to comply with a remedial notice

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• (1) Subject to paragraph (1A), where a remedial notice is served on a landlord who is in breach of one or more of the duties under regulation 4(1), the landlord must take the remedial action specified in the notice within the period specified in regulation 5(2)(d).

• (1A) Where—

• (a) a remedial notice has been suspended following representations being made, and

• (b) the local housing authority has notified the landlord in accordance with regulation 5(6) that the remedial notice is confirmed,

the landlord must take the remedial action specified in the remedial notice (as amended if amendments have been made) within 21 days beginning with the day on which the landlord is informed that the suspension under regulation 5(5) ceases to have effect.

• (2) A landlord is not to be taken to be in breach of the duty under paragraph (1) or (1A) if the landlord can show he, she or it has taken all reasonable steps ... to comply with the duty.

• (3) For the purposes of paragraph (2), where the landlord is prevented from entering the premises to which the duty under paragraph (1) or (1A) relates by a tenant or occupier of the premises, the landlord will not be considered to have failed to have taken all reasonable steps to comply with the duty under paragraph (1) or (1A) solely by reason of a failure to bring legal proceedings with a view to securing entry to the premises.

Duty of local housing authority to arrange remedial action

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• (1) Where a local housing authority is satisfied, on the balance of probabilities, that a landlord on whom it has served a remedial notice is in breach of the duty under regulation 6(1) or (1A), the authority must, if the necessary consent is given, arrange for an authorised person to take the remedial action specified in the remedial notice.

• (2) The local housing authority must ensure the authorised person takes the remedial action within 28 days beginning with the day on which the authority is first satisfied under paragraph (1).

• (3) An authorised person must—

• (a) give not less than 48 hours’ notice of the remedial action to the occupier of the premises on which it is to be taken; and

• (b) if required to do so by or on behalf of the landlord or occupier, produce evidence of identity and authority.

• (4) In paragraph (1) “the necessary consent” means the consent of the occupier of the premises on which the remedial action is to be taken.

• (5) A local housing authority is not to be taken to be in breach of a duty under this regulation where the authority can show it has taken all reasonable steps ... to comply with the duty.

• (6) For the purposes of paragraph (5), where an authorised person is prevented from entering the premises to which the duty under this regulation relates by a landlord, tenant or occupier of the premises, the local housing authority will not be considered to have failed to have taken all reasonable steps to comply with the duty under this regulation solely by reason of a failure to bring legal proceedings with a view to securing entry to the premises.

PART 4 — Penalty charges

Penalty for breach of the duty under regulation 6(1) or (1A)

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• (1) Where a local housing authority is satisfied, on the balance of probabilities, that a landlord on whom it has served a remedial notice is in breach of the duty under regulation 6(1) or (1A), the authority may require the landlord to pay a penalty charge of such amount as the authority may determine.

• (2) The amount of the penalty charge must not exceed £5,000.

• (3) Where a local housing authority decides to impose a penalty charge, the authority must serve notice of that fact on the landlord (“a penalty charge notice”) within six weeks beginning with the day on which the authority is first satisfied under paragraph (1).

Content of penalty charge notice

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• (1) A penalty charge notice must state—

• (a) the reasons for imposing the penalty charge;

• (b) the premises to which the penalty charge relates;

• (c) the number and type of prescribed alarms (if any) which an authorised person has installed at the premises;

• (d) the amount of the penalty charge;

• (e) that the landlord is required, within a period specified in the notice—

• (i) to pay the penalty charge, or

• (ii) to give written notice to the local housing authority that the landlord wishes the authority to review the penalty charge notice;

• (f) how payment of the penalty charge must be made; and

• (g) the person to whom, and the address (including if appropriate any email address) at which, a notice requesting a review may be sent and to which any representations relating to the review may be addressed.

• (2) A penalty charge notice may specify that if the landlord complies with the requirement in paragraph (1)(e)(i) or (ii) within 14 days beginning with the day on which the penalty charge notice is served, the penalty charge will be reduced by an amount specified in the notice.

• (3) The period specified under paragraph (1)(e) must not be less than 28 days beginning with the day on which the penalty charge notice is served.

Review of penalty charge notice

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• (1) Paragraph (2) applies if, within the period specified under regulation 9(1)(e), the landlord serves a notice on the local housing authority requesting a review.

• (2) The local housing authority must—

• (a) consider any representations made by the landlord;

• (b) decide whether to confirm, vary or withdraw the penalty charge notice; and

• (c) serve notice of its decision to the landlord.

• (3) A notice under paragraph (2)(c) confirming or varying the penalty charge notice must also state the effect of regulation 11.

Appeals

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• (1) A landlord who is served with a notice under regulation 10(2)(c) confirming or varying a penalty charge notice may appeal to the First-tier Tribunal against the local housing authority’s decision.

• (2) The grounds for appeal are that—

• (a) the decision to confirm or vary the penalty charge notice was based on an error of fact;

• (b) the decision was wrong in law;

• (c) the amount of the penalty charge is unreasonable;

• (d) the decision was unreasonable for any other reason.

• (3) Where a landlord appeals to the First-tier Tribunal, the operation of the penalty charge notice is suspended until the appeal is finally determined or withdrawn.

• (4) The Tribunal may quash, confirm or vary the penalty charge notice, but may not increase the amount of the penalty charge.

Recovery of penalty charge

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• (1) The local housing authority may recover the penalty charge on the order of a court, as if payable under a court order.

• (2) Proceedings for the recovery of the penalty charge may not be started before the end of the period specified under regulation 9(1)(e).

• (3) Paragraph (4) applies if, within that period, the landlord gives notice to the local housing authority that the landlord wishes the authority to review the penalty charge notice.

• (4) Proceedings for the recovery of the penalty charge may not be started—

• (a) before the end of the period within which the landlord may appeal to the First-tier Tribunal against the local housing authority’s decision on review; and

• (b) where the landlord so appeals, before the end of the period of 28 days beginning with the day on which the appeal is finally determined or withdrawn.

• (5) In proceedings for the recovery of the penalty charge a certificate which is—

• (a) signed by the local housing authority’s chief finance officer (within the meaning of section 5 of the Local Government and Housing Act 1989[^f00008]), and

• (b) states that the penalty charge has not been received by a date specified in that certificate,

is conclusive evidence of that fact, and a certificate to that effect and purporting to be signed is to be treated as being signed, unless the contrary is proved.

• (6) Sums received by a local housing authority under a penalty charge may be used by the authority for any of its functions.

Information to be published by local housing authority

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• (1) A local housing authority must prepare and publish a statement of principles which it proposes to follow in determining the amount of a penalty charge.

• (2) A local housing authority may revise its statement of principles and, where it does so, it must publish the revised statement.

• (3) In determining the amount of a penalty charge, a local housing authority must have regard to the statement of principles which was most recently prepared and published at the time when the breach in question occurred.

PART 5 — Notices

Service of notices

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• (1) Any notice served on a landlord under these Regulations must be in writing and may be amended ... or revoked in writing at any time.

• (2) A notice is to be taken to be served on a landlord on—

• (a) the day it is given to the landlord in person;

• (b) the second business day after it is sent by first class post to the landlord’s last known address;

• (c) the day it is delivered by hand to the landlord’s last known address; or

• (d) where the landlord has provided the local housing authority with an email address at which the landlord is content to accept service, the day it is sent by email to that address.

• (3) The reference in paragraph (2)(b) and (c) to the landlord’s last known address includes a reference to the address last provided by the landlord in accordance with section 48 of the Landlord and Tenant Act 1987[^f00009] to a tenant of the landlord.

• (4) If the name or address of any landlord on whom a notice is to be served under these Regulations cannot, after reasonable inquiry, be ascertained, the notice may be taken to be served on the day it is conspicuously affixed to a building or object on the premises to which the notice relates.