As a landlord, you have responsibilities towards your tenants, and one of those responsibilities is to help keep them safe with the use of carbon monoxide detectors and smoke alarms. Read on to find out more about the current guidance, potential risks and what you need to consider as a landlord.
Understanding carbon monoxide risks in rented property
Carbon monoxide is a risk in any property, and rented homes are no different. Faulty appliances such as clothes dryers, water heaters, boilers and other appliances can produce CO. Gas and wood-burning stoves, as well as fireplaces, are also sources of CO. Using open fires or log burners, if not properly maintained, can cause CO leaks - be that from a blocked flue or chimney, or leaky seal. Landlords have a duty of care to assess the risks posed by carbon monoxide when using that type of fuelled equipment. If your tenants are using portable generators, barbecues, or are smoking cigarettes indoors, these can also produce lots of CO. With windows closed against the elements, poor or no ventilation means a higher chance of CO building up.
Carbon monoxide is odourless and colourless, which makes it an invisible killer. Symptoms of exposure to carbon monoxide can include headaches, nausea, vomiting, confusion, and other flu-like symptoms, though it does not cause a fever. High concentrations of carbon monoxide can be fatal.
Those most at risk of carbon monoxide poisoning include:
- Unborn babies – foetal blood cells take up CO more easily than adult blood cells.
- Infants and children – young children take breaths more often than adults.
- Older adults – older people are more likely to get brain damage from CO exposure.
Current carbon monoxide guidance
Since 2015, it has been a legal requirement in the private sector to install smoke alarms on each storey of a property where there is a room used as living accommodation. A carbon monoxide alarm must also be equipped in any room which contains a fixed combustion appliance (though this excludes gas cookers). Landlords should also repair or replace any smoke alarms that have been found to be faulty, as soon as they are informed.
Gas safety regulations state that landlords must maintain and inspect gas appliances, and provide a copy of the inspection to tenants. An inspection could reveal appliances that carry a risk of carbon monoxide poisoning. Landlords also need to ensure that alarms are equipped, and to check that each prescribed alarm is working properly on the day the tenancy begins.
If landlords do not comply with the above, local authorities can impose a fine of up to £5,000 per breach.
The UK government suggests that smoke alarms and carbon monoxide alarms are compliant with British Standards BS 5839-6 and BS 50291. Alarms can be either mains (hard-wired) or battery-powered, though where battery-powered alarms are selected, alarms with ‘sealed for life’ batteries are preferable. If replaceable batteries are used, tenants should be responsible for testing and replacing these when necessary, though if the alarm still fails to work properly after replacing the batteries, they should contact their landlord.
Landlords must also consider their duties under the Equality Act 2010. If a tenant is hard of hearing or deaf, a specialist smoke alarm and carbon monoxide alarm that alerts by vibration or flashing lights (as opposed to by sound alerts) should be installed.
Landlords in Wales and England are also subject to Building Regulations Document J - England and Wales, which states that any new or replacement solid-fuel appliances require a BS EN 50291 kitemarked carbon monoxide alarm.
Landlords who are exempt from the requirement to install alarms:
- resident landlords
- HMO landlords (as the HMO licence imposes an obligation to install safety equipment.)
- long leases (7+ years)
- student halls of residence (but there is a minimum standard of smoke alarm installation and regular testing)
- hostels and refuges
- hospitals and hospices
Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems, we recommend that professional advice be sought.
If you would like to discuss Risk Management solutions to ensure your property portfolio is compliant with health & safety regulations, please speak to your regular Towergate Adviser.
