Mains-wired, interlinked smoke alarms required in rented properties in Wales
Introduced by Welsh Government in December 2022, The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 brought in a legal requirement for a smoke alarm to be installed on every storey of every rented property in Wales.
The detail
The Regulations state that – during each period of occupation – a smoke alarm must be installed on every storey of a dwelling, must be connected to the dwelling's electrical supply, and must be linked to every other smoke alarm in the dwelling which is connected to the electrical supply.
"Period of occupation" is defined as starting with the occupation date of the contract and ending when the contract ends.
Landlords are required to ensure each alarm remains in proper working order, which includes noting its expiry date. An expired alarm is unlikely to meet the "proper working order" requirement, as it may no longer be fully operational and could incapable of detecting smoke.
A bit of background
This is the first time a ‘catch-all’ piece of legislation has been introduced for smoke alarms in privately-rented properties in Wales.
Previously, a mixture of legislation, regulations, guidance and British Standards dictated – or at least recommended – what fire detection measures landlords should have installed in their property, which was often dependent on the make-up of the current tenants, e.g. an individual, couple or family forming a single household, or sharers forming a HMO.
It’s always been a very complex area, which clearly hasn’t escaped the powers-that-be and has no doubt influenced their decision to introduce legislation that applies to all properties.
Considerations to be had
Smoke alarms should be positioned where they can be heard by the occupier when asleep, so usually a hall and landing area. Guidance accompanying the Regulations says that, depending on the size of the property, landlords may consider it appropriate to ensure the presence of more than one smoke alarm to each storey. It goes on to say that it may be appropriate to fit an additional heat alarm in the kitchen area.
The fire service provides further guidance on the type of alarms available and their fitting, whilst BS 5839-6:2013 (part 6) sets out the requirements for the proper fitting of smoke alarms in domestic properties. A contractor specialising in the fitting of smoke alarms will be able to make recommendations on the type of system required to comply.
As HMO properties are deemed higher risk and are covered by additional legislation in the shape of The Management of Houses in Multiple Occupation (Wales) Regulations 2006, they are likely to be need more alarms that the 'one per storey' stated in the aforementioned Fitness for Human Habitation Regulations.
Landlords with leasehold properties should check whether the freeholder – or the Block Manager appointed by the freeholder – is testing the smoke alarms in their apartment, as we previously had a case of incorrect Block Manager advice leaving landlords at risk of void insurance policies and legal prosecution.
Ongoing inspection and servicing reports
In order to comply with the Act’s requirement to ensure alarms are in good repair and proper working order, we recommended that a competent professional produces a Fire Detection and Alarm System Inspection and Servicing Report. The report will state the type of system installed, whether it is working correctly and when the next inspection and service should take place, which will be based upon risk assessment.
This report is not legally required, but in our view it's the best way of a landlord providing that they have met their legal requirement.
As Cardiff's largest manager of homes in the private rented sector, our landlord clients can be assured that our buying power with local contractors means we're able to secure the best possible prices for both installation of alarms and inspection & servicing reports.
The consequences for not complying
We needn’t go into the danger and threat to life that fire can cause. The worst possible outcome for not complying is clear.
Additionally, the legislation states that a property will be deemed unfit for human habitation if there aren't compliant smoke alarms in place. 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.
