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Smoke and Fire: Increasing The Regulatory Burden for Landlords

Gemma James, Partner at Mundays., comments

Landlords of privately rented residential properties read on: the installation of fire safety measures cannot only save the life of your tenants but also save you from facing penalty charges. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 have been published and are expected to gain regulatory approval. If granted, they are likely to come into force on 1 October 2015. Whilst they may be amended or not become binding at all, landlords would be well advised to prepare their property portfolio for the possibility of being required to install and pay for various safety measures.

Who Is Bound?
The Regulations will only affect the immediate landlord of a premises used in whole or part for residential purposes (i.e. not a superior landlord in a sub-lease situation). They will not change the position for registered providers of social housing, nor for landlords of wholly commercial buildings.

What Types of Lease are Affected?
Only a 'specified tenancy' as prescribed by the Regulations will be bound by the rules. This is a tenancy (including a licence, lease, sub-lease or sub-tenancy) of residential premises in England which grants one or more persons the right to occupy all or part of it as their only or main residence in return for the payment of rent. However, it does not include:

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