Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022
This statement sets out the principles that Hinckley & Bosworth Borough Council will apply when exercising its powers to require a landlord (relevant landlord) to pay a financial penalty.
Purpose of the statement of principles
The council is required under these regulations to prepare and publish a statement of principles, which must follow this guide when deciding on the amount of a penalty charge.
The council may revise this statement of principles at any time, but must publish a revised statement when this happens.
When deciding on the amount of the penalty charge, the council will need to consider the statement of principles from the time the breach in question occurred.
The legal framework
The powers come from the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 which came into force on 1 October 2022.
The regulations place a duty on landlords, which include freeholders or leaseholders who have created a tenancy, lease, licence, sub-lease or sub-licence. The regulations exclude registered providers of social housing.
The duty requires that landlords ensure that:
- At least one smoke alarm is equipped on each storey of their homes where there is a room used as living accommodation. This has been a legal requirement in the private rented sector since 2015.
- A carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers).
- Smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.
Also for tenancies starting from 1 October 2015:
- That checks are made by the landlord, or someone acting on their behalf, that the alarm(s) is/are in proper working order on the day the tenancy starts
Where the council believes that a landlord is in breach of one or more of the above duties, the council must serve a remedial notice on the landlord. The remedial notice is a notice served under regulation five of these regulations.
If the landlord then fails to take the remedial action specified in the notice within the timescale, the council can require the landlord to pay a penalty charge. The power to charge a penalty arises from regulation eight of these regulations.
A landlord will not be considered to be in breach of their duty to comply with the remedial notice, if they can demonstrate they have taken all reasonable steps to comply. This can be done by making written representations to Private Sector Housing Team, Hinckley & Bosworth Borough Council, The Hinckley Hub, Rugby Road, Hinckley, Leicestershire, LE10 0FR or complete our Private Sector Housing contact form, representation must be made within 28 days of when the remedial notice is served.
The council will impose a penalty charge where it is satisfied, on the balance of probabilities, that the landlord has not complied with the action specified in the remedial notice within the required timescale.
Last updated: 17/01/2023 14:52: