Smoke and Carbon Monoxide Alarms

The smoke and CO alarm rules are brought in by a new fitness for human habitation requirement.

The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 are the regulations introducing the new rules.

Which tenancies the duty applies to

The smoke and CO alarm obligations apply to occupation contracts of less than seven years. For smoke alarms, there’s a 12-month grace period to install, but you must have installed CO alarms by the commencement of the Renting Homes (Wales) Act 2016.

Smoke Alarms

A landlord must ensure there’s a smoke alarm fitted connected to the mains and interlinked on each storey of the dwelling from the following dates:

For new occupation contracts granted from the start of the Act, the duty applies from the occupation date of the contract (the date the contract-holder is entitled to move in).

If the tenancy existed before the rules and is a converted contract, there is a 12-month grace period.

If a substitute (renewal) contract is given from when the Act starts, the duty applies from the occupation date (including renewing a converted contract).

For the duration of the contract, at least one of the smoke alarms on each storey must be –

  • in repair and proper working order,
  • connected to the dwelling’s electrical supply, and
  • linked to every other smoke alarm connected to the electrical supply in the dwelling.

If there is more than one smoke alarm on each storey, as long as at least one is connected to the mains, others don’t have to be. The others could be 10-year batteries, and the interlinking only applies to linking all smoke alarms connected to the mains.

There’s no requirement for the landlord to test the smoke alarms routinely during the contract, but they must be in repair and proper working order. If a contract-holder reports a faulty alarm (including the replacement of a battery), it must be repaired by the landlord. They will need testing before a new occupier moves in because the fitness rules require the dwelling to be fit “on the occupation date”.

The dwelling will be regarded as unfit for human habitation when the landlord does not comply with the above requirements until smoke alarms are present and in repair and working order.

Carbon monoxide Alarms

From the commencement of the Act, the landlord must ensure that a CO alarm is in repair and in proper working order in each dwelling room, which contains a gas appliance, an oil-fired combustion appliance or a solid fuel burning combustion appliance. The duty applies to all existing (converted) and new from that date.

A gas appliance means an appliance for:

  • heating,
  • lighting,
  • cooking or
  • other purposes for which gas can be used,

but it does not include-

  • a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance, or
  • an appliance which the contract-holder is entitled to remove from the dwelling under the terms of the occupation contract

A room includes-

  • hall,
  • landing or
  • corridor.

There’s no requirement that a CO alarm is fitted to the dwelling’s electrical supply, so a seven or 10-year battery version would be acceptable.

That being said, if you fit new smoke alarms (which have to be mains interlinked), it’s sensible to make the CO alarm mains powered whilst on.

There also appears to be no issue with having a combined smoke and CO alarm fitted as long as the CO alarm is in an appropriate room.

Note: CO alarms must be in the room which contains a gas, oil-fired or solid fuel appliance, whereas smoke alarms are on each storey of the dwelling.

Like smoke alarms, there’s no requirement on the landlord to test routinely during the contract, but the CO alarm would need to be repaired if reported. They will need testing before a new occupier moves in because the fitness rules require the dwelling to be fit “on the occupation date”.

The dwelling will be regarded as unfit for human habitation when the landlord does not comply with the above requirements until CO alarms are present and in repair and working order.

Example of the positioning of smoke and CO alarms

Suppose a dwelling has two storeys with a gas cooker in the kitchen and a boiler in the hallway. The following would be required:

  • Mains interlinked smoke alarms on each storey (usually in the hallways to protect the escape route)
  • CO alarm in the kitchen (for the cooker) and
  • CO alarm in the hallway (for the boiler).

The hallway with the boiler could be a smoke and CO alarm combined as long as connected to the mains and interlinked.

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