PART 2Prescribed alarms

Meaning of “relevant landlord”3

1

For the purposes of these Regulations, a landlord is a “relevant landlord” if the landlord—

a

is the immediate landlord in respect of a specified tenancy; and

b

is not a registered provider of social housing (as to which see section 80(2) of the Housing and Regeneration Act 20086).

2

In paragraph (1) “immediate landlord”—

a

where the premises are occupied under a specified tenancy which is not a licence means the person for the time being entitled to the reversion expectant on that tenancy; and

b

where the premises are occupied under a specified tenancy which is a licence means the licensor, except that where the licensor himself or herself occupies the premises under a specified tenancy which is not a licence, it means the person for the time being entitled to the reversion expectant on that tenancy.

Duties of relevant landlord in relation to prescribed alarms4

1

A relevant landlord in respect of a specified tenancy must ensure that—

a

during any period beginning on or after 1st October 2015 when the premises are occupied under the tenancy—

i

a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation;

ii

a carbon monoxide alarm is equipped in any room of the premises which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance; and

b

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.

2

For the purposes of paragraph (1)(a), a bathroom or lavatory is to be treated as a room used as living accommodation.

3

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.

4

In this regulation—

  • “new tenancy” means a tenancy granted on or after 1st October 2015, but does not include—

    1. a

      a tenancy granted in pursuance of an agreement entered into before that date;

    2. b

      a periodic shorthold tenancy which arises under section 5 of the Housing Act 19887 on the coming to an end of a fixed term shorthold tenancy;

    3. c

      a tenancy which comes into being on the coming to an end of an earlier tenancy, under which, on its coming into being—

      1. i

        the landlord and tenant are the same as under the earlier tenancy as at its coming to an end; and

      2. ii

        the premises let are the same or substantially the same as those let under the earlier tenancy as at that time;

  • “room” includes a hall or landing; and

  • “shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988.