The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

JurisdictionUK Non-devolved
CitationSI 2015/1693
Year2015
(1) These Regulations may be cited as the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 and come into force on 1st October 2015.(2) These Regulations apply to England only.(1) In these Regulations—
  • “authorised person” means a person authorised in writing by the local housing authority for the purpose of taking remedial action under regulation 7;
  • “building” includes part of a building;
  • “penalty charge” means a monetary penalty imposed under regulation 8;
  • “premises”(3) does not include vehicles or vessels or—
    • (a) an HMO (as defined in section 77 of the Housing Act 2004) in respect of which a licence is required under Part 2 of that Act, or
    • (b) a house (as defined in section 99 of that Act) in respect of which a licence is required under Part 3 of that Act;
  • “prescribed alarm” means an alarm which is required to be equipped at residential premises under regulation 4(1) (a) ;
  • “remedial action” means action—
    • (a) to install a prescribed alarm;
    • (b) to repair a prescribed alarm; or
    • (c) to check a prescribed alarm is in proper working order;
  • “remedial notice” means a notice requiring the landlord on whom it is served to take such remedial action as is specified in the notice in accordance with regulation 5(2) (c) ;
  • “rent” includes any sum paid in the nature of rent;
  • “residential premises”(4) means premises (as defined above) all or part of which comprise a dwelling; and
  • “specified tenancy” means a tenancy(5) of residential premises in England which—
    • (a) grants one or more persons the right to occupy all or part of the premises as their only or main residence;
    • (b) provides for payment of rent (whether or not a market rent) ; and
    • (c) is not a tenancy of a description specified in the Schedule to these Regulations.
is the immediate landlord in respect of a specified tenancy; andis not a registered provider of social housing (as to which see section 80(2) of the Housing and Regeneration Act 2008(6) ) .where the premises are occupied under a specified tenancy which is not a licence means the person for the time being entitled to the reversion expectant on that tenancy; andwhere the premises are occupied under a specified tenancy which is a licence means the licensor, except that where the licensor himself or herself occupies the premises under a specified tenancy which is not a licence, it means the person for the time being entitled to the reversion expectant on that tenancy.a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation;a carbon monoxide alarm is equipped in any room of the premises which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance; andchecks are made by or on behalf of the landlord to ensure that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy.(2) For the purposes of paragraph (1) (a) , a bathroom or lavatory is to be treated as a room used as living accommodation.(3) For the purposes of paragraph (1) (b) , a tenancy begins on the day on which, under the terms of the tenancy, the tenant is entitled to possession under that tenancy.(4) In this regulation—
  • “new tenancy” means a tenancy granted on or after 1st October 2015, but does not include—
    • (a) a tenancy granted in pursuance of an agreement entered into before that date;
    • (b) a periodic shorthold tenancy which arises under section 5 of the Housing Act 1988(7) on the coming to an end of a fixed term shorthold tenancy;
    • (c) a tenancy which comes into being on the coming to an end of an earlier tenancy, under which, on its coming into being—
      • (i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end; and
      • (ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time;
  • “room” includes a hall or landing; and
  • “shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988.
(1) Where a local housing authority has reasonable grounds to

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