Carbon monoxide alarms required in rented properties in Wales
When Welsh Government enacted The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 in December 2022, they introduced a immediate legal requirement for carbon monoxide alarms to be installed in rented properties in Wales.
The detail
The Regulations state that – during each period of occupation – a carbon monoxide alarm is required in each room containing a gas appliance, an oil-fired combustion appliance or a solid fuel burning combustion appliance. This includes rooms with gas boilers and/or gas cookers.
"Room" includes halls, landings and corridors, whilst "period of occupation" is defined as starting with the occupation date of the contract and ending when the contract ends.
The type of carbon monoxide alarm
The Regulations do not specify that the carbon monoxide alarm must be of a certain type, meaning mains-wired and battery-operated alarms are acceptable.
CPS Homes recommends that landlords install a mains-wired, combined smoke/heat and carbon monoxide alarm(s), as it means it will be checked at the same time as the fire alarm system. We've seen standalone carbon monoxide alarms get put in drawers if they start beeping due to running low on battery or they're close to expiry, so having it mains-wired will avoid this.
If a landlord chooses to go with a battery-operated alarm, we would strongly suggest that they fitted to a fixture.
Placement and maintenance of carbon monoxide alarms
Smoke alarms are normally placed on ceilings because heat and smoke rises, but this isn’t necessarily the best place to install carbon monoxide alarms as the concentration of the gas could reach dangerous levels before reaching ceiling height. As such, carbon monoxide alarms are usually installed lower than smoke alarms. We cover this topic and more in our 'where should carbon monoxide alarms be positioned?' article.
Landlords are required to ensure each alarm remains in proper working order during each period of occupation, which includes noting its expiry date. An expired alarm is unlikely to meet the "proper working order" requirement. Bear in mind that carbon monoxide sensors are typically more fragile than those within smoke alarms, so usually need to be replaced more regularly.
The consequences of not complying
Carbon monoxide cannot be seen, smelt nor tasted, but it can injure and kill quickly, so the worst case scenario speaks for itself.
Additionally, the legislation states that a property will be deemed unfit for human habitation if there isn’t a carbon monoxide alarm installed in a room which requires one. As such, it will be incredibly difficult for a landlord to claim that rent is due for this 'uninhabitable' period, in our view.
Further reading
Want to know more? Head on over to the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 or Welsh Government’s accompanying guidance.
Let CPS Homes help
Frustrated by the complexities of the Renting Homes (Wales) Act and the industry’s ever-changing laws & regulations? We're specialists in navigating through Welsh landlord legislation and the intricacies that other agents might miss. Our Compliance Team stay ahead of the curve, ensuring our clients always have ironclad occupation contracts and complete legal protection.
By instructing us to manage your property, we will...
- Work with you to put efficient processes in place well in advance of key dates for new legislation and regulations, ensuring you and your properties are compliant, safe and legal.
- Provide you with the most robust Written Statement of Occupation Contract you can find in Wales.
- Save you the cost of a Rent Smart Wales landlord licence and the hassle of ongoing training.
- Maximise your rental income by ensuring the property is always achieving its full potential.
- Provide you with your own representative within our Lettings and Accounts departments.
- Produce free, professional photography as part of our standard marketing package.
- Place you on our VIP Investor list where you'll get priority access to pre-market investment properties before they're listed online.
- Provide you with peace of mind via our Client Money Protection (CMP) policy, professional indemnity insurance, and redress scheme membership.
To discuss CPS Homes taking over management of your property, contact our Senior Property Investment & Market Advisor, Rhys Owen, today via rhys.owen@cpshomes.co.uk or 02920 668585.
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
