Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

Criteria for the imposition of a financial penalty

A failure to comply with the requirements of a remedial notice allows the council to require payment of a penalty charge.

In considering the imposition of a penalty, we will look at the evidence concerning the breach of the requirement of the notice. This could be obtained from a property inspection, or from information provided by the tenant or agency that no remedial action had been undertaken.

For example, landlords can demonstrate compliance with the regulations by supplying dated photographs of alarms, together with installation records or confirmation by the tenant that a system is in proper working order.

Landlords need to take steps to demonstrate that they have met the testing at the start of the tenancy requirements. Examples of how this can be achieved are by tenants signing an inventory form confirming that they were tested by the landlord or landlords agent, and were in working order at the start of the tenancy. Tenancy agreements can specify the frequency that a tenant should test the alarm to ensure it is in proper working order.

In deciding whether it would be appropriate to impose a penalty, the authority will take full account of the particular facts and circumstances of the breach under consideration.

A financial penalty charge will be considered appropriate if the council is satisfied on the balance of probabilities that, the landlord who had been served with the remedial notice under regulation five, had failed to take the remedial action specified in the notice within the time period specified.

Criteria for determining the amount of a financial penalty

The regulations state the amount of the penalty charge must not exceed £5,000.

The penalty charge comprises two parts, a punitive element (punishment) for failure to comply with the absolute requirement to comply with a remedial notice and a cost element relating to the investigation (investigative) costs, officer time, administration and any remedial works arranged and carried out by the council’s contractors.

The penalty charge is payable within 28 days beginning with the day on which the penalty charge notice is served.

The council has discretion to offer an early payment reduction if a landlord pays the penalty charge within 14 days beginning with the day the penalty charge notice is served. Should a subsequent appeal be made the discount will be removed.

The charges are as follows:

• £2,500 for the first breach to comply with a remedial notice: £1,250 for early payment (50% reduction)
• £5,000 for each subsequent breach to comply with a remedial notice: £2,500 for early payment, (50% reduction)

Last updated: ‎09/01/2024 09:03