After six years of anticipation, the Welsh Government has finally implemented the Renting Homes (Wales) Act 2016 on December 1, 2022. Among the numerous changes brought about by this act, the requirement for smoke alarms to be installed on every storey of every property is one that landlords in Wales must pay close attention to.
The Details:
The mandate for smoke alarms is derived from the new Fitness of Homes for Human Habitation (FFHH) element of the legislation. It stipulates that a smoke alarm must be installed on every storey of a dwelling, connected to the electrical supply, and interlinked with every other smoke alarm also connected to the electrical supply.
Background:
This marks the first instance of a comprehensive piece of legislation regarding smoke alarms in privately-rented properties in Wales. Previously, a complex mix of legislation, regulations, guidance, and British Standards influenced the fire detection measures landlords implemented, often varying based on the makeup of tenants.
Considerations for Landlords:
Smoke alarms should be strategically placed where they can be heard by occupants when asleep, typically in hall and landing areas. Depending on the property size, landlords may consider multiple smoke alarms per storey and even an additional heat alarm in the kitchen. The type of alarms and their fitting are detailed by the fire service and BS 5839-6:2013 (part 6). Landlords should also be aware of the manufacturer’s recommended lifespan for alarms.
Ongoing Inspection and Servicing Reports:
To comply with the Act’s requirement of ensuring alarms are in good repair and working order, landlords are encouraged to have a competent professional produce a Fire Detection and Alarm System Inspection and Servicing Report. This report specifies the type of system, its functionality, and outlines when the next inspection and service should occur.
Consequences for Non-Compliance:
Beyond the obvious danger fire poses, the legislation states that properties without smoke alarms or those not in good working order will be deemed unfit for human habitation. During the unfit period, rent will not be payable by the tenant. Landlords have until December 2023 to comply unless there’s a change in occupier or landlord sooner.
Timeline for Compliance:
For existing tenancies as of December 1, 2022, landlords have a year to comply with the new smoke alarm and Electrical Installation Condition Report (EICR) requirements, unless a new contract starts within that period. HMO landlords, likely already compliant, should be aware that non-HMO landlords need to install appropriate smoke alarms and arrange for regular inspections.
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The contents of this post are intended to provide general information and should not be construed as addressing the specific circumstances of any individual or entity. While we make every effort to ensure the accuracy and timeliness of the information provided, there is no guarantee that it is accurate at the time of receipt or will remain accurate in the future. It is imperative that no one acts solely on the basis of this information without obtaining proper professional advice and conducting a comprehensive analysis of their particular situation.
