Smoke and carbon monoxide alarm rules for rented homes in England
The 2015 alarm regulations as amended on 1 October 2022: where alarms go, the first-day check, the repair duty and the £5,000 penalty.
Every privately rented home in England needs a smoke alarm on each storey with living accommodation and a carbon monoxide alarm in every room with a fixed combustion appliance, other than a gas cooker. Both must be checked working on the first day of each new tenancy, and since 1 October 2022 the landlord must repair or replace an alarm once a tenant reports it faulty.
The rules come from the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, amended by the 2022 Regulations. They are short, but councils can fine up to £5,000 per breach for ignoring a remedial notice, and the first-day check is the one agencies most often cannot prove. Checked against gov.uk and legislation.gov.uk on 31 October 2026.
The four duties in one table
| Duty | What the regulations say | Where |
|---|---|---|
| Smoke alarms | At least one on each storey of the premises on which there is a room used wholly or partly as living accommodation | Regulation 4(1)(a)(i) |
| Carbon monoxide alarms | In any room used wholly or partly as living accommodation that contains a fixed combustion appliance, excluding gas cookers | Regulation 4(1)(a)(ii) |
| First-day check | Checks by or on behalf of the landlord that each alarm is in proper working order on the day the tenancy begins | Regulation 4(1)(b) |
| Repair or replace | Once informed that an alarm may not be working and it is found faulty, repair or replace it | Regulation 4(1)(c), added 1 October 2022 |
"Living accommodation" is wide: a bathroom, hall or landing counts if it is used as part of the home. A storey that is only a loft used for storage does not.
What changed on 1 October 2022
The 2022 amendment made two changes that still catch agencies out:
- Carbon monoxide alarms moved beyond solid fuel. Before October 2022 a CO alarm was only required where there was a solid fuel appliance. Now any fixed combustion appliance except a gas cooker triggers it, which brings in gas boilers, gas fires and oil boilers. A purely decorative, non-working fireplace does not count.
- A repair duty was added. The landlord must repair or replace an alarm once told it may be faulty and it is found to be. Gov.uk suggests tenants try a new battery first, then report the fault.
There was no grace period. Both changes applied to existing tenancies from that date, not only new ones.
Which tenancies are covered
The regulations apply to homes let by private landlords and by registered providers of social housing (social landlords were added in 2022). The Schedule excludes:
- shared accommodation where the tenant shares a kitchen, bathroom or living room with the landlord or the landlord's family
- long leases
- student halls of residence
- hotels, hostels and refuges
- care homes, hospitals and hospices
- low-cost home ownership and other healthcare-related accommodation
Licensed HMOs are exempt from the regulations themselves, but the same requirements are written into the licence conditions under the Housing Act 2004, so in practice an HMO agency has the same work to do. See HMO licensing for letting agents.
Type and position of alarms
The regulations do not say which type of alarm to fit. Gov.uk recommends:
- smoke alarms to BS 5839-6, fixed to the ceiling in a circulation space such as a hall or landing
- carbon monoxide alarms to BS 50291, at head height, roughly one to three metres from the appliance
- sealed-for-life batteries where battery alarms are used, or mains-powered alarms
Where a tenant is deaf or hard of hearing, gov.uk points landlords to their duties under the Equality Act 2010 and to specialist alarms with vibrating pads or flashing lights. Some councils recommend interlinked mains alarms. That is good practice, and often a licence condition in HMOs, rather than a requirement of these regulations.
The first-day check, and how to prove it
The check must happen on the day the tenancy begins, by the landlord or someone acting for them. The regulations do not say how to record it. Gov.uk is clear that keeping a record is the landlord's responsibility, and suggests having the tenant sign the inventory to confirm the alarms were tested and working.
A workable routine for an agency:
- Add "all smoke and CO alarms tested" with the date and time to the check-in inventory.
- Photograph each alarm with the test light showing, and note its location.
- Have the tenant sign or e-sign the inventory on the day.
- Show the tenant how to test the alarms and leave the manufacturer's instructions.
During the tenancy, gov.uk expects tenants to test alarms regularly and report faults, and the landlord to repair or replace them. Testing needs no special skill, so a monthly test by the tenant is a reasonable thing to ask for in the tenancy agreement.
Enforcement and penalties
Enforcement is by the local housing authority:
| Step | Rule |
|---|---|
| Remedial notice | Served within 21 days of the council having reasonable grounds to believe a landlord is in breach (regulation 5) |
| Time to comply | 28 days beginning with the day the notice is served |
| Representations | A landlord can make written representations, which suspends the notice until the council decides |
| Council action | If the landlord does not comply, the council must arrange the remedial work itself, with the occupier's consent (regulation 7) |
| Penalty charge | Up to £5,000 per breach (regulation 8), with a right of appeal to the First-tier Tribunal |
A landlord who cannot get access to fit or test alarms is not expected to go to court. They must take all reasonable steps and keep written evidence of every attempt.
Checklist for agencies
- For every property, record how many storeys have living accommodation and which rooms contain a fixed combustion appliance.
- Confirm the count of smoke and CO alarms matches, and that each is in a sensible position.
- Put the alarm test on the move-in checklist, with photos and a signed inventory.
- Give tenants a one-line instruction on testing and reporting faults.
- Treat a reported fault as a repair with a short deadline, and record the fix.
- Re-check alarms during routine inspections and at any gas safety visit.
- For HMOs, check the licence conditions, which may demand more than the regulations.
The wider list of certificates and checks is in our letting agent compliance checklist.
How Letfold helps
Letfold tracks a smoke and CO alarm check as a compliance item on every property, alongside the gas safety record, EICR and EPC. In the week before a tenancy starts, and on the day, Letfold reminds the branch to record the alarm check until it is done. Tenants report a faulty alarm as a repair in their portal, so the report, the contractor's visit and the fix sit on one record. See compliance tracking.
Frequently asked questions
Where are smoke alarms required in a rented property?
At least one on every storey that has a room used wholly or partly as living accommodation.
Where are carbon monoxide alarms required?
In every room used as living accommodation that contains a fixed combustion appliance, such as a gas boiler, gas fire, wood burner or oil boiler. Gas cookers are excluded.
Who tests the alarms during the tenancy?
The landlord or agent must check them on the first day of the tenancy. After that, gov.uk expects tenants to test them regularly and report faults, and the landlord to repair or replace faulty alarms.
What is the penalty for not having alarms?
The council can serve a remedial notice giving 28 days to comply. A landlord who does not comply can be charged a penalty of up to £5,000 per breach.
Do the rules apply in Wales and Scotland?
No. These regulations apply to England. Wales, Scotland and Northern Ireland each have their own alarm rules, which differ in detail.
Sources
Checked on 31 October 2026:
- Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants (gov.uk)
- The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, as amended (legislation.gov.uk)
This article is general information for England, not legal advice.
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