Regulation 4 Duties of relevant landlord in relation to prescribed alarmsI1
England and Wales
A relevant landlord in respect of a specified tenancy must ensure that—
during any period F1... when the premises are occupied under the tenancy—
a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation;
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; F4and
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.
For the purposes of paragraph (1)(a), a bathroom or lavatory is to be treated as a room used as living accommodation.
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.
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.
In this regulation—
“new tenancy” means a tenancy granted on or after F61st October 2022, but does not include—
- (a)
a tenancy granted in pursuance of an agreement entered into before that date;
- (b)
F7...
- (c)
a tenancy which comes into being on the coming to an end of an earlier tenancy, under which, on its coming into being—
- (i)
the landlord and tenant are the same as under the earlier tenancy as at its coming to an end; and
- (ii)
the premises let are the same or substantially the same as those let under the earlier tenancy as at that time;
- (i)
- (a)
“room” includes a hall or landing; F8...
...
Annotations
Textual amendments
- F1
Words in reg. 4(1)(a) omitted (1.10.2022) by virtue of The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 5(a)(i)
- F2
Words in reg. 4(1)(a)(ii) substituted (1.10.2022) by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 5(a)(ii)
- F3
Word in reg. 4(1) omitted (1.10.2022) by virtue of The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 5(a)(iii)
- F4
Reg. 4(1)(c) and word inserted (1.10.2022) by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 5(a)(iv)
- F5
Reg. 4(3A) inserted (1.10.2022) by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 5(b)
- F6
Words in reg. 4(4) substituted (1.10.2022) by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 5(c)
- F7
Words in reg. 4(4) omitted (1.5.2026) by virtue of The Renters’ Rights Act 2025 (Consequential Amendments) and Tenancies (Miscellaneous Amendments) (England) Regulations 2026 (S.I. 2026/325), regs. 1(1), 11(a) (with reg. 1(3))
- F8
Words in reg. 4(4) omitted (1.5.2026) by virtue of The Renters’ Rights Act 2025 (Consequential Amendments) and Tenancies (Miscellaneous Amendments) (England) Regulations 2026 (S.I. 2026/325), regs. 1(1), 11(b) (with reg. 1(3))
Commencement
- I1
Reg. 4 in force at 1.10.2015, see reg. 1(1)