# The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, Regulation 7: Duty of local housing authority to arrange remedial action

Extent: E+W

(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.

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Source: https://www.legislation.gov.uk/uksi/2015/1693/regulation/7 (the official version)
Page: https://openlegislation.uk/smoke-and-carbon-monoxide-alarm-england-regulations-2015/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.