The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (SI 2022/547) came into force on 1 October 2022 and significantly expanded the smoke and CO alarm obligations for private landlords in England. These regulations amend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 and apply to all assured tenancies — including Periodic Assured Tenancies under the Renters' Rights Act 2026.
The 2022 Regulations apply to all private residential tenancies in England, not just new tenancies. Landlords with existing tenancies must comply. There is no grandfathering for pre-2015 tenancies or pre-2022 arrangements.
Smoke alarm requirements
The Regulations require at least one smoke alarm on each storey of the property on which there is a room used wholly or partly as living accommodation. Key points:
- Each storey: If your property has a ground floor and a first floor, you need a smoke alarm on each. If it has three storeys, you need three alarms. Loft conversions and basement rooms used as living accommodation count as storeys
- Living accommodation: This includes any room the tenant actually uses as living space — sitting room, bedroom, dining room. It also includes hallways and landings. A storey with only a bathroom typically still needs a smoke alarm if any part of the floor is living accommodation
- Type of alarm: The Regulations do not specify battery-operated versus hard-wired alarms, or particular interlink standards. Practical guidance from the National Fire Chiefs Council recommends interlinked alarms, particularly in larger properties
- Working order on day one: You must check that every smoke alarm is in working order on the first day of the tenancy. Keep a written record of this check
Carbon monoxide alarm requirements
Since 1 October 2022, a carbon monoxide alarm is required in every room of a residential premises in England that contains a fixed combustion appliance — other than a gas cooker.
- Gas boilers: A CO alarm is mandatory in any room containing a gas boiler, even if the boiler is in a utility cupboard or dedicated boiler room that tenants rarely enter
- Gas fires and living-flame fires: Any room containing a gas fire requires a CO alarm. This applies to decorative living-flame fires as well as functional appliances
- Solid fuel appliances: Wood-burning stoves, open fireplaces, and biomass boilers require a CO alarm in the same room. This was the pre-2022 requirement and continues
- Oil-fired appliances: Oil-fired boilers and heaters are fixed combustion appliances — a CO alarm is required in the room where the appliance is installed
- Gas cookers: The Regulations specifically exclude gas cookers from the CO alarm requirement. However, landlords may wish to fit CO alarms near gas cookers as a precaution, particularly in bedsit or studio accommodation where cooking and sleeping areas are combined
- Electric-only properties: If your property has no fixed combustion appliances (e.g., electric heating, electric cooker, electric hot water), you are not required to fit CO alarms under the current Regulations. However, smoke alarms are still required on each storey
Carbon monoxide is colourless and odourless. CO alarms must be positioned so they will alert occupants before dangerous CO concentrations accumulate — typically at head height when seated, not on the ceiling. Follow the manufacturer's installation instructions. Placing a CO alarm directly over a boiler or inside a boiler cupboard is generally not recommended.
Landlord and tenant responsibilities
The Regulations divide the compliance obligations between landlord and tenant:
| Obligation | Who is responsible | When |
|---|---|---|
| Install smoke alarms (each storey) | Landlord | Before tenancy starts |
| Install CO alarms (each room with combustion appliance) | Landlord | Before tenancy starts |
| Check alarms are in working order | Landlord | On the first day of each tenancy |
| Keep written record of alarm check | Landlord (best practice) | On the first day of each tenancy |
| Test alarms regularly | Tenant | Throughout the tenancy (monthly recommended) |
| Report faulty alarms to landlord | Tenant | As soon as fault is identified |
| Repair or replace faulty alarms | Landlord | As soon as practicable after being notified |
What counts as 'in working order'
The Regulations use the phrase 'in working order' without defining it precisely. In practice, an alarm is in working order if it:
- Responds correctly when the test button is pressed
- Has a power source with sufficient charge or is connected to the mains
- Is within its manufacturer's stated operational lifespan (typically 5–10 years for smoke alarms; 5–7 years for CO alarms — check the date code on the back of the unit)
- Is positioned to detect the relevant hazard (smoke detector not behind a door; CO alarm not blocked by furniture)
- Is free from obvious physical damage
Enforcement and civil penalties
Enforcement of the 2022 Regulations sits with local housing authorities (district councils, London borough councils, and unitary authorities). The enforcement process is:
- Remedial notice: If the local authority reasonably believes a landlord has failed to comply, it can serve a remedial notice requiring the landlord to fit or fix alarms within 28 days
- Landlord action period: The landlord has 28 days from the remedial notice to comply. If the landlord believes the notice is wrong, they have 28 days to make representations to the local authority
- Local authority action: If the landlord fails to comply within 28 days, the local authority can arrange for the work to be carried out at the landlord's expense
- Civil penalty: The local authority may impose a civil penalty of up to £5,000 per property for failure to comply with the remedial notice
The LetSafe Renters' Rights Act Transition Pack (LS-E-130) includes a pre-tenancy compliance checklist covering smoke alarms, CO alarms, EICR, gas safety, and deposit protection — everything you need to document at the start of each tenancy.
Best practice: alarm records and tenancy documentation
While the Regulations only require you to ensure alarms are in working order on day one, best practice is to maintain a contemporaneous alarm log as part of your tenancy file. This is particularly important if enforcement action is ever taken — the burden of proof under the Regulations is structured so that the local authority can issue a remedial notice on reasonable belief; having a documented alarm check is your primary defence.
- Record the date alarms were checked, the result, and the name of the person who checked them
- Keep receipts for alarm purchases as evidence of the specification and installation date
- Note the manufacturer's stated operational life of each alarm and diarise replacement dates
- Where possible, ask the tenant to sign a move-in inventory that includes alarm locations and working status