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Regulations for the installation of smoke and carbon monoxide alarms for landlords

The smoke and Carbon Monoxide Alarm (England) Regulations 2015 have now been approved by parliament and have come into force as planned on the 1st October 2015. The landlords within the private rented sector are required from the 1st October 2015 to have at least one smoke alarm installed on every storey of their property and a carbon monoxide alarm in any room containing a solid fuel burning appliance (e.g. a coal fire, wood burning stove). The landlord must therefore make sure the alarms are working at the start of any new tenancy.

Once the alarm has been tested on the first day of the tenancy (this will be undertaken by A&R Residential through the check in procedure), the tennant will take responsibility for their own safety and test the alarm regularly to ensure they are in working order.

All landlords are expected to be compliant from the 1st October 2015. There will be no grace period after this date to install the required alarms. The local authority will be enforcing the requirements and can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice.

Legionella

If you are a landlord you must understand the health risks associated with legionella. This section can help you to control any risks.

Duties under the Health and Safety at Work etc Act 1974 (HSWA) extend to risks from legionella bacteria, which may arise from work activities. The Management of Health and Safety at Work Regulations (MHSWR) provide a broad framework for controlling health and safety at work. More specifically, the Control of Substances Hazardous to Health Regulations 2002 (COSHH) provide a framework of actions designed to assess, prevent or control the risk from bacteria like Legionella and take suitable precautions. The Approved Code of Practice contains practical guidance on how to manage and control the risks in your system.

As a Landlord you are responsible for health and safety and need to take the right precautions to reduce the risks of exposure to legionella. You must understand how to:

  • identify and assess sources of risk
  • manage any risks
  • prevent or control any risks
  • keep and maintain the correct records
  • carry out any other duties you may have

Identify and assess sources of risk

Carrying out a risk assessment is your responsibility. You or the person responsible for managing risks, need to understand your water systems, the equipment associated with the system such as pumps, heat exchangers, showers etc, and its constituent parts. Identify whether they are likely to create a risk from exposure to legionella, and whether:

  • the water temperature in all or some parts of the system is between 20–45 °C
  • water is stored or re- circulated as part of your system
  • there are sources of nutrients such as rust, sludge, scale, organic matter and biofilms
  • the conditions are likely to encourage bacteria to multiply
  • it is possible for water droplets to be produced and, if so, whether they can be dispersed over a wide area, e.g. showers
  • it is likely that any of your tennants, visitors etc are more susceptible to infection due to age, illness, a weakened immune system etc and whether they could be exposed to any contaminated water droplets

Your risk assessment should include:

  • management responsibilities, including the name of the competent person and a description of your system
  • any identified potential risk sources
  • any means of preventing the risk or controls in place to control risks
  • monitoring, inspection and maintenance procedures
  • records of the monitoring results and inspection and checks carried out
  • arrangements to review the risk assessment regularly, particularly when there is reason to suspect it is no longer valid

If it is concluded that there is no reasonably foreseeable risk or the risks are low and are being properly managed to comply with the law, your assessment is complete. You may not need to take any further action at this stage, but any existing controls must be maintained and the assessment reviewed regularly in case anything changes in your system.

Gas Safety Regulations

Deposit Regulation Housing Act