Introduction

All respondents should answer the questions in Part A.

Landlords or Agents should respond to the additional questions in Part B.
 
Tenants should respond to the additional questions in Part C.

Local authority enforcement officers should respond to the additional questions in Part D

Any additional comments not captured elsewhere can be added at Part E.
 
 
The private rented sector is an important part of our housing market. It is the second largest tenure in England, and has almost doubled in size over the last decade and now houses 4.5 million households (20% of all households).

In 2015, the Government introduced the Smoke and Carbon Monoxide Alarm (England) regulations to protect private sector tenants from death or injury in the home caused by smoke and carbon monoxide poisoning. The regulations aim to ensure more homes in the sector have working smoke and carbon monoxide alarms.
 
The regulations require private rented sector landlords to have at least one smoke alarm installed on every storey of their properties on which there is a room used wholly or partly as living accommodation and a carbon monoxide alarm in any room wholly or partly used as living accommodation containing a solid fuel burning appliance. The landlord must make sure the alarms are in working order at the start of each new tenancy. Landlords are not responsible for testing alarms during the course of the tenancy. Guidance recommends that tenants should take responsibility for their own safety by testing all alarms regularly. Testing monthly is generally considered an appropriate frequency for smoke alarms.
 
The regulations apply to private landlords of residential premises. They apply to specified tenancies (a licence, lease, sub-lease or sub-tenancy) granting tenants the right to occupy all or part of the premises as their only or main residence, for a rent. The regulations do not apply to registered providers of social housing.
 
Licensed HMOs are exempt from the regulations. This is because the regulations also amend the HMO licensing requirements in Schedule 4 of the Housing Act 2004, imposing similar requirements through the HMO licensing scheme. A landlord of a licensed HMO is required to keep the alarms in proper working order. However, these regulations do apply to HMOs that are not within the licensing requirements.
 
The regulations do not apply where a long lease has been granted (a lease of 7 years or more without a break clause) as this type of arrangement is closer to home ownership than a private renting arrangement. The regulations do not apply to live-in landlords as they are not aimed at owner occupied properties. 
 
Student halls, hostels, refuges, care homes, hospitals, hospices, and other accommodation provided by a relevant NHS body are also excluded. Occupants of these have existing protections under the Regulatory Reform (Fire Safety) Order 2005.
 
The regulations do not apply to holiday lets. The Regulatory Reform (Fire Safety) Order 2005 applies to properties which offer holiday or short term accommodation to paying guests.
 
During the passage of the regulations through Parliament in 2015, Ministers made a commitment to review them in 2017.
 
This consultation invites views and comments to gather evidence on the effectiveness of the regulations to date. It does not indicate any intention to change the regulations.
 
The consultation document can be viewed online at:

https://www.gov.uk/government/consultations/review-of-the-smoke-and-carbon-monoxide-alarm-regulations-2015

T