Smoke and Monoxide Alarm (England) Regulations 2015 (as amended) Statement of Principles

Where the Local Housing Authority ('the Authority') has reasonable grounds to believe one or more of the following:

• there are no or insufficient number of smoke alarms or carbon monoxide alarms in the property as required by the regulations
• the smoke alarms or carbon monoxide alarms were not working at the start of a tenancy or licence
• following a report to the landlord that the smoke alarms or carbon monoxide alarms are not in proper working order, the landlord has failed to determine whether the prescribed alarm is in proper working order or has not been repaired or replaced

Then the Authority must within 21 days serve on the landlord in a method prescribed by the Regulations, a Remedial Notice detailing the actions the landlord must take to comply with the Regulations.

A Remedial Notice gives a landlord 28 days from the date the Notice is served to take action to comply with the Remedial Notice or to make written representations against the Remedial Notice.

Where representations are made by the landlord in relation to the Remedial Notice, the Authority must consider these representations. At this point, the Remedial Notice is suspended from the day following the receipt of representations until the Authority considers the written representations, and until they inform the landlord in writing of the outcome of this consideration. Landlords are not expected to take remedial action during the period of the remedial notice being suspended.

Where the decision of the Authority is to confirm the Remedial Notice, then the suspension of the Notice is lifted. The landlord must then comply with the requirements of the Remedial Notice within 21 days.

If after 28 days (or 21 days following a response made to a representation that the Remedial Notice remains valid or is amended) the landlord has not complied with the Remedial Notice then the Authority can require the landlord to pay a Penalty Charge. Where the Authority decides to impose a Penalty Charge it must serve a Penalty Charge Notice within 6 weeks beginning with the day on which the Authority is first satisfied that the landlord has not complied with the Remedial Notice.