Does my landlord have to provide me with a smoke alarm?

[Tanner]

How do,

I recently moved in to a house in Hull - it's a 3 storey town-house. The only smoke alarm in the property is one on the first (middle) floor - but it doesn't seem to work.

I have already purchased a few smoke alarms, a heat alarm and a CO alarm for the property to put up myself, but should the landlord have provided us with at least one smoke alarm? What are the rules regarding whether it should work or not? If it just needs the battery changing is that acceptable?

[Tom Sutton]

For a new house to receive approval and receive a completion document the local Building control should ensure it complies with Approved Document B Fire Safety which require a fire alarm to be fitted in accordance with BS 5839-6:2004 Fire detection and fire alarm systems for buildings. Code of practice for the design, installation and maintenance of fire detection and fire alarm systems in dwellings.

Once the dwelling is occupied it is up to the occupier or the landlord/owner to maintain the fire alarm in accordance with any agreements made, like a tenant agreement. Testing is important and any defects remedied, like replacing the battery or the detector if necessary. The life of a detector is about tens years and should be replaced if you have no way of testing the sensor.

[Safelincs]

If the house was built before 1991, the LACoRS guide applies (Guidance on fire safety provisions for certain types of existing housing) . See page 38 for a case study. According to the guide your building should have mains powered smoke alarms with interlink along the escape route and in the cellar (if there is one). If the house was built after 1991, the Building Regs appliy which state a similar protection level.

Maintenance is the landlord's responsibility although he/she can discharge the responsibility to agents etc, although in this case this process is clearly failing.

Harry

[Guest AdrianaSch]

I am a tenant of a housing association. I live in a studio flat on a private street, 12 detached houses, each house with 4 studio flats. All street is owned by the housing association. Please can you advice what requirements are, by law re Fire Alarm. Does it have to be centralised with control panel and which needs manual switch off and restart? Or can we have individual fire alarms, which in case of false alarm triggered e.g. by burnt toast, or air freshener, I can just wave a newspaper and the fire alarm will stop. Thank you.

[Tom Sutton]

Check out Lacor's guide Guidance on fire safety provisions for certain types of existing housing. Decide which category of dwelling you occupy and section D provides case studies, which will indicate the type of fire alarm that should be installed. Within the guide there is all the information you require.

[Safelincs]

Hi Adriana

Could you please let me know more about the building and occupants and I will try to make some suggestions

Kind Regards

Harry

[Guest Adriana]

Hi Harry,

It was built over twenty years ago as sheltered accommodation women for old ladies, a lot of them immobile.

That is way they installed the centralized fire alarm, and there was 24 hours carer at the site.

Two years ago they changed the use of accommodation for accommodation for women over 45. there is no 24 carer anymore. There is one lady using electric scooter, but it is only when she goes out, there is nobody immobile. There are some very old ladies, but when they require a carer they are moved to a sheltered accommodation.

The houses are detached, each with four studio flats, two on ground floor, two on first floor, there are two entrances, from front and from back.

Thank you.

Best regards

Adriana

[Safelincs]

Hi Adriana

I would expect something like a BS5839 part 6 grade D, LD2 system, meaning interlinked, mains powered smoke alarms in escape route areas plus an interlinked mains-powered heat alarm in each of your kitchens. Most likely you would also be required non-interlinked smoke alarm in each flat.

I guess your main problem is that your smoke alarm in the kitchen goes off too often and causes false alarms. The problem here is mainly the sensor type installed. You need a heat alarm or even a multisensor alarm combining features of a heat and an optical alarm to offer best protection against false alarms.

The best solution would be to just replace the alarms in your kitchens

Harry

[Tom Sutton]

It is not just the fire alarm to consider, you have to look at the compartmentation and layout of the building. Is the common areas (staircase and landings) separated from the bedsits by at least half an hour fire resisting construction including fire doors, if not, this could be the reason for a full blown fire alarm system has been installed. If this is the case and as Harry says, and it is about false alarms, then follow out Harry's suggestion and dont throw out the baby with the bath water.

[Guest maria]

My landlord has neglected to put any smoke detectors up in our home when we viewed the home he said that by the time we moved that there would be brand new ones up we've been in this house for about two weeks still no detectors and he hasn't bothered to come by. My bed room door is still off the hinges, door knobs falling off coherent doors in the house my daughters bedroom you cant close the door Bc the tenants who lived here b4 has kick the door in so the wood is split where the door would latch I need help please someone tell me what I should do

[Tom Sutton]

As far as The Regulatory Reform (Fire Safety) Order 2005 (fire safety) is concerned the landlord is only responsible for the common areas, if there are any. The remained of your problems you need to study your tenant agreement to find out what the landlord's responsibilities are regarding maintenance.

Check out http://england.shelter.org.uk/get_advice/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities

[green-foam]

Maria, while you are waiting you can put up your own smoke alarms, safelincs can supply optical detectors with test and silence button for less than £14.00 CLICK HERE

[Safelincs]

Hi Maria

Fire brigades enforce fire risk assessments, so you could eventually contact your local fire brigade.

If its a HMO you could also contact your local Council who is responsible for certification of HMOs

Harry

[Guest Ruhel]

Hi, I'm moving into a maisonette property on rent. I am renting the 2nd floor which only has 1 exit to the front! Should the property not come with a mains fire alarm??? I'm worried the old battery powered fire alarm doesn't meet the requirements of this day and age!!! Please Advise ASAP!

Regards

[green-foam]

Only new builds must have a mains operated smoke alarm, a battery operated smoke alarm is acceptable.

I should also point out that being a maisonette you do not have a communal stair way, so a fire alarm Is NOT required.

You could ask your landlord to fit a mains operated smoke alarm, but even if he does, it would be up to YOU to test it on a regular basis. You would not want your landlord coming round once a week just to press the smoke alarm test button would you?

If you do wish to ask your landlord, I should point out that you should ask for a "mains smoke alarm" NOT a "mains fire alarm" as the they are very different.

Safelincs can supply mains smoke alarms from only £17.75 Click here

[Tom Sutton]

Ruhel do you fully understand what a maisonette is, they are two storey premises on top of each other, as opposed to purpose built flats are single storey premises on top of each other? Are you sub-letting the upper floor of a maisonette or is this a house converted into flats?

[Guest Lee Alexander]

Hi, I'm after some advice really please...

I live in a modern purpose built apartment, with smoke detectors in the kitchen and hallway, also heat detectors and a Carbon Monoxide detector.

About 6 monts ago the alarm started chirping from one of the them, so to be safe I replaced the batteries in all the devices. But the chirping kept on going. I called my letting agent, who proceeded to come to the property and remove the batteries for the alarm, take them off the ceilings and put them in a drawer then disconnected the Carbon Monoxide detector and turn off the power to them all by flipping the fuse. They told me they would be back to fix it, but after sending them email after email they never came back. Have they legally broken my Tenancy Agreement by endangering my safety. Surely there must be some form of law against this?

Kind regards,

Alex Lee

[Tom Sutton]

Smoke Detectors Act

The Smoke Detectors Act was passed in 1991. It required all homes that were built from 1992 forward to have at least one main smoke detector on every floor of the home. The landlord or building agent is responsible for the installation and maintenance of the smoke detectors, unless a lease agreement says otherwise and places the responsibility on the tenant. This means the landlord or agent is responsible and held liable in the event of a fire in the building if it is determined that a fire detector was not installed or was not functioning properly.

BS 5839: Part 6 British Standard

The BS 5839: Part 6 British Standard concerns the requirements for what type of smoke detector is required for each type of dwelling. In general, it states that the landlord or building manager needs to take into account the kind of fire that the building is most likely to face and to choose detectors well-suited for that type of situation. This is also designed to try to prevent false alarms. The law was amended in 2004 to also recommend heat detectors in the kitchen as well as the "principle habitable room" and smoke detectors in the major escape routes of the building.

Power Supply

If the building was constructed after 2007, batteries are no longer allowed to be used as the sole power supply for smoke detectors, since batteries can run out without the owner's knowledge. While a battery can still be used as a backup in the event of a power outage, it is now required that smoke detectors in buildings from 2007 on forward be directly hooked into the building's main power supply. It is up to the landlord or building agent to ensure that these power requirements are met.

So it depends on when your apartment was built or your Tenancy Agreement, and if it was built before 1992 then it will depend on your Tenancy Agreement.

Check out https://www.gov.uk/private-renting-tenancy-agreements/overview for information on tenants agreements.

[Guest PeterRamsd]

Please could you identify where in legislation it is mandatory for HMO landlords to annually service and regularly maintain fire detection equipment.

[Tom Sutton]

If it is a licenced HMO then the following will apply, check out HOUSING – FIRE SAFETY Guidance on fire safety provisions for certain types of existing housing, page 57 (A40) says,

Licence conditions relating to fire safety.

Mandatory licence conditions

When granting a licence the LHA must attach certain mandatory conditions. These are laid down in schedule four to the Housing Act 2004 as follows:

“A licence under part 2 or 3 must include the following conditions … conditions requiring the licence holder -

(a to ensure that smoke alarms are installed in the house and to keep them in proper working order;

(b to supply the authority on demand, with a 58 housing – fire safety declaration by him as to the condition and positioning of such alarms.”

This is the only fire safety related mandatory condition. It must be applied to all licences alongside any relevant discretionary conditions, as explained in the next section.

If not the Regulatory Reform (Fire Safety) Order 2005 applies in the common areas and all fire safety equipment should be maintained (article 17).

[Guest Candice]

Hey I was wondering I live in apartment and there is no smoke detectors but got told there is a heat detector which is painted on is this ok or is this against the law

[Tom Sutton]

The Building Regulations (1991) state that all domestic dwellings built since June 1992 must be fitted with mains operated interlinked smoke detectors/alarms with at least one detector per floor level.

It is also the case that all Houses in Multiple Occupation (HMOs) are required to supply mains operated interlinked smoke alarm system.

In the case of older single family rental properties, technically there is no legal requirement for landlords to provide a smoke alarm.

However, it is strongly recommended that landlords do provide at least a battery operated smoke alarm or alarms in their rented properties. They would be more legally protected if they fit them and have a clear conscience that their tenants are safe. Landlords must remember that they are the supplier therefore are always responsible for ensuring their tenants safety. It cannot be assumed that the ‘innocent’ tenant has any knowledge on how to keep safe themselves. With regards to Health and Safety, the courts will always rule in the tenants’ favour, landing harsh penalties on the landlord who refuses to comply.

The Consumer Protection Act 1987 established the need for the above, simply put, they have to do everything within reason to ensure that the property is “safe and not to cause injury or death to humans or pets” as the law states. If asked to, they must be able to prove “due diligence” in a court of law, should a fire ever occur within their property and the tenant becomes injured as a direct result. Should a tenant be killed or injured at the result of a fire where inadequate fire alarm systems can be proven, then harsh fines, in some cases in excess of £100k in addition to prison sentences can be given to the ‘responsible owner’.

Where landlords do provide battery operated smoke alarms they should have a clause in the agreement making it clear that it is the tenant’s responsibility to check their operation and replace the batteries as and when necessary.

You need the heat detector checked and I would suggest you contact your local Fire and Rescue Service. They will have a home fire safety check scheme and will advise you accordingly. Check out http://www.firesafe.org.uk/uk-fire-rescue-services-details/

As well as a smoke alarm, it’s a good idea, though not a legal requirement, to provide a good quality carbon monoxide detector, if there are gas appliances in the property.