The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022

Smoke alarms and carbon monoxide alarms E+W

5.—(1) The landlord must ensure that, during each period of occupation, on each storey of the dwelling there is a smoke alarm which is—

(a) in repair and proper working order,

(b) connected to the dwelling’s electrical supply, and

(c) linked to every other smoke alarm in the dwelling which is connected to the electrical supply.

(2) The landlord must ensure that, during each period of occupation, a carbon monoxide alarm which is in repair and proper working order is in each room of the dwelling which contains a gas appliance, an oil-fired combustion appliance or a solid fuel burning combustion appliance.

(3) A dwelling is to be treated as unfit for human habitation at a time when the landlord is not in compliance with a requirement imposed by paragraph (1) or (2).

(4) For the purposes of paragraph (3), a landlord who has not complied with—

(a) paragraph (1) is to be treated as in compliance with that paragraph from the time the landlord ensures that a smoke alarm is (or smoke alarms are) present in the dwelling as described in that paragraph;

(b) paragraph (2) is to be treated as in compliance with that paragraph from the time the landlord ensures that a carbon monoxide alarm is (or carbon monoxide alarms are) present in the dwelling as described in that paragraph.

(5) In this regulation—

“gas” (“nwy”) has the meaning given by section 48(1) of the Gas Act 1986(1);

“gas appliance” (“cyfarpar nwy”) means an appliance designed for use by a consumer of gas for heating, lighting, cooking or other purposes for which gas can be used, but it does not include—

(a)

a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance, or

(b)

an appliance which the contract-holder is entitled to remove from the dwelling under the terms of the occupation contract;

“room” (“ystafell”) includes a hall, landing or corridor.

Commencement Information

I1 Reg. 5 in force at 1.12.2022, see reg. 1 (as amended by The Renting Homes (Wales) Act 2016 (Commencement No. 2 and Consequential Amendments) Order 2022 (S.I. 2022/906), art. 3)

(1)

1986 c. 44. There are amendments to section 48 which are not relevant to these Regulations.