Smoke alarm and carbon monoxide detector requirements for landlords are set out in the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, which came into force on 1 October 2022 in England. These regulations replaced and significantly strengthened the original 2015 rules. Similar obligations exist in Wales, Scotland and Northern Ireland under their own housing legislation.
The October 2022 amendments added gas appliances to the CO alarm requirement and introduced a duty on letting agents and landlords to repair or replace alarms as soon as reasonably practicable after being informed of a fault. Local authorities can now issue a remedial notice and, if the landlord fails to comply within 28 days, carry out remedial works and charge the landlord for the cost plus a civil penalty of up to £5,000.
England: smoke alarm requirements
Under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, landlords must:
- Install a working smoke alarm on every storey of the property that is used as living accommodation
- Test that every smoke alarm is in working order on the first day of the tenancy (this test must be carried out)
- Repair or replace any smoke alarm as soon as reasonably practicable once told it is faulty
- All smoke alarms must be in working order at the start of each tenancy, a dead battery does not satisfy the duty
England: carbon monoxide alarm requirements
From 1 October 2022, CO alarms are required in all rooms containing a fixed combustion appliance, this means:
- A CO alarm must be fitted in any room with a solid-fuel-burning appliance (log burner, open fire, coal fire)
- A CO alarm must be fitted in any room with a gas appliance, including boilers, gas fires, gas cookers that are part of a fixed installation
- Electric cookers and electric panel heaters do not require a CO alarm
- The alarm must be in working order on the first day of the tenancy and repaired or replaced as soon as reasonably practicable if found to be faulty
What counts as a 'storey used as living accommodation'?
For smoke alarm purposes, a storey is 'used as living accommodation' if it is part of the let premises where the tenant habitually lives, bedrooms, sitting rooms, hallways, landings, kitchens and dining rooms all qualify. The following do not require a smoke alarm of their own in most circumstances:
- A communal corridor or landing in a block of flats (covered by the Building Regulations and fire safety law separately, check with your local fire authority)
- A cellar or loft that is solely used for storage and not habitable
- An outbuilding that is not part of the let dwelling
Where should alarms be positioned?
The regulations do not prescribe exact positioning, but the Fire Industry Association and leading alarm manufacturers recommend:
- Smoke alarms: ceiling-mounted, at least 300mm from any wall or light fitting, and positioned in the circulation space of each storey (e.g. hallway or landing)
- CO alarms: within 1–3 metres of the appliance at head height, away from corners and exterior walls
- Do not position smoke alarms in kitchens (steam and cooking fumes cause nuisance alarms), fit a heat alarm in a kitchen instead
- Interlinked alarms are best practice for larger properties, they all sound when one detects smoke
Repair and replacement duty
The 2022 regulations introduced an explicit repair duty. If a tenant reports a faulty alarm, the landlord must:
- Repair or replace the alarm 'as soon as reasonably practicable' after being informed of the fault
- 'As soon as reasonably practicable' is not defined in statute, treat it as within 24–48 hours for a CO alarm (which protects against an immediate mortal risk)
- Keep a written record of the tenant's report, the date, and the remedial action taken
- If the tenant refuses access to carry out repairs, document this in writing and seek their consent again promptly
Enforcement and penalties
Local housing authorities (district councils) are responsible for enforcement. The process is:
- The council issues a remedial notice specifying the breach and giving the landlord 28 days to remedy it
- If the landlord fails to comply within 28 days, the council may arrange the remedial works itself
- The council can then charge the landlord for the cost of the works AND impose a civil penalty of up to £5,000
- Under the Renters' Rights Act 2025, failure to comply with prescribed safety requirements can also affect the landlord's right to seek possession, ensure compliance before serving any possession notice
Wales, Scotland and Northern Ireland
Similar obligations apply across the UK but under different legislation:
- Wales: The Renting Homes (Wales) Act 2016 (in force December 2022) requires smoke alarms and CO alarms as mandatory property conditions in all occupation contracts. Failure is a breach of the occupation contract and tenants can apply to court for a remediation order
- Scotland: From 1 February 2022, all Scottish homes must have interlinked smoke alarms and CO detectors under the Housing (Scotland) Act 2014 (Fire Safety in Dwellings). Landlords must ensure compliance, check Scottish Government guidance for the full specification
- Northern Ireland: The Private Tenancies Act (Northern Ireland) 2022 requires landlords to fit smoke and CO alarms. Regulations are set by the Department for Communities, consult NIHE guidance for current specifics
Recommended alarm specification for landlords
Choosing the right alarm type saves replacement costs and reduces tenant nuisance alarms:
- Smoke alarms: BS EN 14604 optical alarms for most rooms; BS 5839-6 Grade D, Category LD2 for most residential properties
- CO alarms: BS EN 50291-1 electrochemical sensor type; minimum 7-year lifespan recommended
- Heat alarms for kitchens: BS 5839-6 Grade D heat alarm, does not trigger on cooking steam
- Battery-only alarms are acceptable but 10-year sealed-battery or mains-powered units reduce maintenance calls
Frequently asked questions
Do I need a smoke alarm on every floor of my rental property?+
Yes. In England, you must have at least one working smoke alarm on every storey used as living accommodation. This applies from the first day of every tenancy. Local authorities can issue a £5,000 civil penalty for non-compliance.
Do I need a CO alarm next to a gas boiler?+
Yes, from 1 October 2022 in England. The 2022 Regulations extended the CO alarm requirement to all fixed gas appliances, not just solid-fuel ones. If your rental property has a gas boiler, a gas fire, or a fixed gas cooker, you must fit a CO alarm in the same room.
Who is responsible for testing smoke alarms, landlord or tenant?+
The landlord must test all alarms on the first day of a new tenancy. After that, landlords are responsible for repair or replacement once notified of a fault. Tenants should test alarms regularly during their tenancy using the test button, but the legal duty to repair rests with the landlord once a fault is reported.
Does not having a smoke alarm invalidate a Section 8 notice?+
Failure to comply with prescribed safety requirements can affect the landlord's ability to obtain a possession order. Under the Renters' Rights Act 2025 (in force 1 May 2026), courts will scrutinise compliance before granting possession. Always ensure alarms are installed, working, and documented before initiating any possession action.
Can a landlord be prosecuted for not having a smoke alarm?+
The current regime is civil rather than criminal for alarm non-compliance specifically. Local authorities issue a remedial notice, allow 28 days to comply, and then impose a civil penalty of up to £5,000 if the landlord fails to act. In serious cases where a tenant is harmed, other criminal law (e.g. gross negligence manslaughter in extreme cases) could theoretically apply.