Smoke Alarms and Carbon Monoxide detectors: Whose Job Is It To Maintain Them?

Ensuring that smoke alarms and carbon monoxide (CO) detectors are properly installed and functioning is not only essential for tenant safety—it’s also a legal obligation in the UK. Both landlords and tenants have specific responsibilities when it comes to maintaining these life-saving devices. This guide explains who is responsible for what, including installation, testing, battery changes, and legal compliance.

Legal Requirements for Smoke and CO Alarms in Rentals

Smoke Alarms

In England, since 1 October 2015, landlords are required to:

• Install at least one smoke alarm on every floor of a rented property used as living accommodation.
• Test the alarms and ensure they are operational on the first day of a new tenancy.

This legislation applies to both private landlords and, since 1 October 2022, social housing providers as well. The goal is to enhance fire safety and reduce the number of fatalities caused by residential fires.

Carbon Monoxide Detectors

Under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022:

• Landlords must install a carbon monoxide alarm in any room with a fixed combustion appliance (such as a gas boiler, coal fire, or wood-burning stove).
• These alarms must also be tested and working at the start of each tenancy.
• Landlords must repair or replace any alarm that becomes faulty during the tenancy as soon as reasonably practicable.

Gas cookers are excluded from this requirement, but it's considered best practice to install CO alarms in kitchens anyway.

Placement Guidelines for Alarms

Correct positioning of alarms is essential for proper functionality:

• Smoke alarms should be installed on the ceiling, ideally in hallways and landings where smoke is likely to travel first.
• CO alarms should be placed 1 to 3 metres from the combustion appliance, at head height, and away from furniture or obstructions.

Alarms should comply with the following British Standards:

• BS EN 14604 for smoke alarms
• BS EN 50291 for carbon monoxide detectors

Responsibilities of Landlords

Landlords are legally obligated to:

• Install the required smoke and CO alarms before the start of a tenancy.
• Test all alarms on the first day a tenant moves in.
• Maintain alarm functionality during the tenancy. If tenants report a fault, landlords must repair or replace the unit.
• Use compliant and correctly positioned alarms.

Non-compliance can result in a civil penalty of up to £5,000 per breach, imposed by the local authority.

Responsibilities of Tenants

While landlords handle installation and initial testing, tenants are responsible for the ongoing upkeep of the alarms, especially battery-powered units.

Tenants should:

• Test alarms regularly, ideally once a week.
• Replace batteries if an alarm beeps to indicate a low battery (unless the alarm uses sealed-for-life batteries).
• Immediately report any faulty alarm to the landlord, especially if it fails testing or is hard-wired and cannot be reset.

Neglecting to test alarms or report issues can put the tenant at serious risk and could affect insurance claims in the event of an incident.

Who Changes the Batteries?

This often causes confusion.

• If the alarm is battery-powered (and the batteries are replaceable): Tenants are expected to change the batteries.
• If the alarm has sealed batteries (10-year lifespan) or is mains-powered: Tenants are not expected to change batteries. If the alarm fails, the landlord must replace or repair it.

To reduce confusion and improve safety, many landlords now install sealed, tamper-proof alarms that do not require battery changes during the tenancy.

Why Smoke and CO Detectors Matter

Smoke alarms significantly reduce the risk of death in a fire by more than 50 percent. Carbon monoxide is colourless, odourless, and deadly. A properly functioning CO alarm is often the only way to detect a dangerous gas leak.

Most fire-related deaths occur at night when people are asleep and unable to smell smoke. Alarms provide early warnings that save lives.

Legal Consequences of Non-Compliance

Local councils are responsible for enforcing the regulations. If a landlord fails to meet their obligations:

• The local authority may issue a Remedial Notice requiring compliance within 28 days.
• If the landlord does not comply, the council can enter the property, arrange for installation, and impose a civil penalty of up to £5,000.

Tenants who fail to test alarms or report problems may be at increased personal risk and may be held partially responsible for damages or injuries in some cases.

Summary of Responsibilities

Practical Tips for Landlords and Tenants

Landlords:

• Document all alarm installations and tests.
• Provide clear instructions to tenants on testing and maintenance.
• Consider using sealed-for-life alarms to simplify responsibilities.

Tenants:

• Set a recurring reminder to test your alarms weekly.
• Keep spare batteries for non-sealed alarms.
• Report any non-functioning alarms to your landlord without delay.

In Summary

Smoke and carbon monoxide alarms are critical safety tools that must be maintained by both landlords and tenants. Landlords are responsible for installation and repairs; tenants are expected to test alarms and replace batteries when needed. By understanding your legal responsibilities and working together, landlords and tenants can ensure a safer living environment for everyone.

Let me know if you’d like a printable version or one adapted for a specific type of tenancy (such as student lets, HMOs, or short-term rentals).