Smoke alarm regulations for landlords: smoke and CO alarms
By TenancyDesk · Sources checked
The smoke alarm regulations for landlords in England require a smoke alarm on every storey with a room used as living accommodation, and a carbon monoxide alarm in any such room with a fixed combustion appliance other than a gas cooker. Alarms must be checked on the day a new tenancy begins. The penalty is up to £5,000.
- Smoke alarms
- One on every storey with living accommodation
- Carbon monoxide alarms
- Every room with a fixed combustion appliance
- Not counted
- Gas cookers
- Testing
- On the day a new tenancy begins
- Repairs
- As soon as reasonably practicable once reported
- Maximum penalty
- £5,000
Smoke alarm regulations for landlords: what the law says
The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 put three duties on a landlord: fit the right alarms, check them on the day a new tenancy begins, and repair or replace them when a tenant reports a fault. The regulations were amended in 2022, and the amended rules have applied since 1 October 2022.
The 2022 changes did two main things. They widened the carbon monoxide alarm rule from solid fuel appliances to any fixed combustion appliance except a gas cooker, and they added the duty to repair or replace an alarm once told it is faulty. They also brought registered social housing within the rules.
These are the rules for England. Scotland, Wales and Northern Ireland set their own alarm standards.
Sources: GOV.UK: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, guidance for landlords and tenants · Legislation: Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 4
Landlord smoke alarm requirements: where alarms must go
You need at least one smoke alarm on each storey of the home on which there is a room used wholly or partly as living accommodation. The regulations count a bathroom or lavatory as living accommodation, and treat a hall or landing as a room, so a floor with nothing on it but a bathroom still needs a smoke alarm.
In practice a flat on one level needs at least one smoke alarm, a two-storey house needs at least two, and a three-storey house with a bedroom or bathroom on the top floor needs at least three. One alarm per storey is the legal minimum. A large floor, or one with closed doors between the alarm and the bedrooms, may need more to be heard.
The regulations do not say where on the storey the alarm must be. The government’s guidance says smoke alarms should generally be fixed to the ceiling in a circulation space, meaning a hall or a landing, and that you should follow the manufacturer’s instructions.
A heat detector does not count. The guidance says heat detectors are not a replacement for smoke alarms.
Sources: Legislation: Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 4 · GOV.UK: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, guidance for landlords and tenants
Carbon monoxide alarm rules for landlords
You need a carbon monoxide alarm in any room used wholly or partly as living accommodation that contains a fixed combustion appliance other than a gas cooker. The guidance describes a fixed combustion appliance as fixed apparatus where fuel of any type is burned to generate heat, and gives gas or oil boilers and log-burning stoves as examples.
So a room with a gas boiler, a gas fire, an oil boiler or a wood burner needs a carbon monoxide alarm. A kitchen with a gas cooker and no other fuel-burning appliance does not, although nothing stops you fitting one. Remember that a bathroom or a hallway counts as a room, so a boiler in a cupboard off the landing brings the landing within the rule.
The test is whether the appliance is fixed and burns fuel. Electric heaters, electric showers and electric cookers burn nothing, so they do not bring a room within the rule. An open fire that the tenant can use does burn fuel, so the cautious approach is to fit an alarm in that room.
The guidance says a carbon monoxide alarm should generally be at head height, on a wall or a shelf, about 1 to 3 metres from the potential source. A boiler or fire also brings an annual gas check: see what a gas safety certificate costs.
Sources: Legislation: Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 4 · GOV.UK: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, guidance for landlords and tenants
Testing alarms on the first day of the tenancy
You must make sure every required alarm is in proper working order on the day the tenancy begins, where it is a new tenancy. The tenancy begins on the day the tenant is entitled to possession under its terms, which may not be the day they collect the keys.
The regulations do not say how to prove the check was done. The guidance suggests giving the tenant the chance to sign the inventory to record that the required alarms were tested. The regulations do not treat every renewal with the same tenant as a new tenancy, so read regulation 4 if you are unsure whether a fresh check is required.
If a letting agent does the check-in for you, the duty is still yours. Tell the agent that the alarms must be tested on the first day of the tenancy, and ask for the signed inventory page afterwards so that you hold the evidence yourself.
- Walk the home storey by storey and note each smoke alarm, including floors that only have a bathroom or a landing.
- List every boiler, fire, stove and other fuel-burning appliance, and confirm there is a carbon monoxide alarm in each of those rooms.
- Press the test button on every alarm on the day the tenancy begins, not the week before.
- Write the date, the alarms tested and the result on the inventory, and ask the tenant to sign it.
- Check the replace-by date printed on each alarm and note the earliest one.
- Keep the signed record with the tenancy documents. Our landlord certificates checklist lists what else to hand over at the start.
Sources: Legislation: Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 4 · GOV.UK: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, guidance for landlords and tenants
Repairing and replacing alarms during the tenancy
Once a tenant tells you an alarm may not be working, and it is found not to be in proper working order, you must repair or replace it. The regulations give no fixed number of days. The work must be done as soon as reasonably practicable.
During the tenancy the guidance advises tenants to test alarms regularly and to arrange for batteries to be replaced where the alarm has replaceable ones. If the alarm still does not work with new batteries, or the tenant cannot replace them, it comes back to the landlord.
Tell tenants in writing how to report a faulty alarm, and keep a note of each report and the date you fixed it. That note is your evidence if the council asks.
Sources: Legislation: Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 4 · GOV.UK: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, guidance for landlords and tenants
What type of alarm should a landlord fit?
The regulations do not require a particular type of alarm, and they do not require alarms to be wired to the mains. The guidance says landlords should choose alarms based on the needs of the building and the tenants, and that smoke alarms should comply with British Standard BS 5839-6 and carbon monoxide alarms with BS EN 50291.
Where alarms are battery powered, the guidance recommends ‘sealed for life’ batteries instead of replaceable ones. Mains alarms are part of the fixed wiring, so they fall within the inspection described in our guide to EICR costs.
Whatever type you choose, fit it where the manufacturer’s instructions say and keep the instructions with the property’s paperwork. An alarm fitted in the wrong place, or one past the replace-by date printed on it, may sound when tested and still not protect the tenant.
Which tenancies do the alarm regulations cover?
The regulations cover most private rented homes and registered social housing in England. The guidance lists the exclusions: accommodation shared with the landlord or the landlord’s family, long leases, student halls of residence, hotels and refuges, care homes, hospitals and hospices, and low-cost ownership homes.
Licensed houses in multiple occupation are exempt from this part of the regulations, because equivalent alarm conditions are written into the licence instead. If you let a shared house, read our HMO licence guide to see which set of rules applies to you.
The penalty: remedial notices and fines of up to £5,000
The local council enforces the rules, and the maximum penalty charge is £5,000. A council does not fine straight away. Where it has reasonable grounds to believe a landlord is in breach it must serve a remedial notice, and the penalty is for failing to comply with that notice.
The council decides the amount of the penalty, up to that maximum, and must be satisfied on the balance of probabilities that the landlord did not do what the remedial notice required. The guidance says failure to comply with each remedial notice can lead to a fine, so a landlord with several properties can face more than one.
The table shows the time limits in the regulations. The guidance says a landlord can also appeal a penalty to the First-tier Tribunal. Alarms are one item among several safety duties, set out in our checklist for becoming a landlord. TenancyDesk records the day-one alarm check against each tenancy.
| Step | Time limit |
|---|---|
| Council serves a remedial notice | Within 21 days of deciding it has reasonable grounds |
| Landlord takes the action in the notice | Within 28 days of the notice being served |
| Landlord makes written representations | Within 28 days; the notice is suspended while the council reviews it |
| Council arranges the work itself, with the occupier’s consent | Within 28 days of being satisfied the landlord is in breach |
| Council serves a penalty charge notice | Within 6 weeks of being satisfied of the breach; maximum £5,000 |
Sources: Legislation: Smoke and Carbon Monoxide Alarm (England) Regulations 2015, Part 3 (remedial notices) · Legislation: Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 8 (penalty charge) · GOV.UK: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, guidance for landlords and tenants
Common questions
Do landlords have to provide smoke alarms?
Yes. Since the regulations were made in 2015, landlords in England must provide at least one smoke alarm on every storey that has a room used as living accommodation, and bathrooms, halls and landings count. The alarms must be checked on the day a new tenancy begins, and the council can charge a penalty of up to £5,000.
Does a landlord need a carbon monoxide alarm for a gas boiler?
Yes. Since 1 October 2022 a carbon monoxide alarm is required in any room used as living accommodation that contains a fixed combustion appliance other than a gas cooker, and the government’s guidance names gas and oil boilers as examples. If the boiler is in a kitchen, bathroom, bedroom or hallway, that room needs an alarm.
Is a carbon monoxide alarm needed for a gas hob or cooker?
No. Gas cookers are the one exception in the regulations: a room needs a carbon monoxide alarm if it contains a fixed combustion appliance other than a gas cooker. A kitchen with a gas cooker and a gas boiler does need one, because of the boiler. Fitting an alarm where it is not required is allowed.
Who is responsible for testing smoke alarms in a rented property?
The landlord must check that each required alarm works on day 1, the day a new tenancy begins. After that, the government’s guidance advises tenants to test alarms regularly and replace batteries. If an alarm is reported as faulty and is found not to work, the landlord must repair or replace it as soon as reasonably practicable.
Do smoke alarms in rented properties have to be mains wired?
No. The regulations do not require mains-wired alarms. The government’s guidance says landlords should choose alarms to suit the building and the tenants, that smoke alarms should comply with BS 5839-6, and that battery alarms should have sealed-for-life batteries. A licensed HMO may have stricter requirements under its licence conditions.
What is the fine for not having smoke alarms in a rented property?
The maximum penalty charge is £5,000. The council must first serve a remedial notice giving the landlord 28 days to act. If the landlord does not comply, the council can arrange the work itself with the occupier’s consent and require the landlord to pay a penalty of up to £5,000.
Official sources and scope
Checked on 5 October 2026. This is general information for private landlords in England, not legal advice or a complete compliance assessment. Follow the current official guidance for your tenancy and get advice about exceptions, missed deadlines or disputes.
- GOV.UK: Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, guidance for landlords and tenants
- Legislation: Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 4
- Legislation: Smoke and Carbon Monoxide Alarm (England) Regulations 2015, Part 3 (remedial notices)
- Legislation: Smoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 8 (penalty charge)
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