Recent updates in Lettings Legislation

Published: 22/09/2022 By Katherine McDowall

We are writing to inform our landlord readers of two changes in legislation which you should be aware of. The first will affect many landlords and the second will only affect some.

The first is regarding an amendment to the ‘Smoke and Carbon Monoxide Alarm (England) Regulations 2015’ which requires you to place a Carbon Monoxide Alarm close to any fixed combustion appliance from 1st October 2022 under the ‘Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022’. This means, in addition to the original legislation where it was required to place a Carbon Monoxide Alarm close to any solid fuel burning appliance, you will now need to also place one close to any gas boiler.
The definition of a fixed combustion appliance is ‘A fixed apparatus where fuel of any type is burned to generate heat. Typically, these appliances are powered by gas, oil, coal, wood, etc., for example gas or oil boilers, or log-burning stoves.’ The new regulations do not require you to place a Carbon Monoxide Alarm close to any gas cooker.
The alarm should be placed as instructed by the manufacturer, usually on a wall or shelf at head height and approximately 1-3 metres from a potential source of carbon monoxide.
You should ensure any required carbon monoxide alarm is installed and working prior to 1st October 2022 and the ongoing requirement to check your carbon monoxide and smoke alarms are that they should be working on the day of each new tenancy starting. During the tenancy, your tenant is responsible for replacing batteries however should the tenant report any other faults with their carbon monoxide or smoke alarm, this is your responsibility.
Should you require any advice, please do not hesitate to contact our in-house property manager, Suzana Tomasevic -

The second point to note relates to changes in ‘Selective Licensing’ in the Ealing Borough (which may or may not be relevant depending on where your property is located). Some may already be aware of the requirement to have a selective license in certain wards of the Ealing Borough however this is being extended to the wards of Acton Central, Dormers Wells, Greenford Broadway, Greenford Green, Hanger Hill, Hobbayne, Lady Margaret, North Greenford, Northolt Mandeville, Northolt West End, Perivale and South Acton. Check which ward your property is in here

The scheme will come into force on 3rd January 2023 and will last for a five-year period. This will make it a legal requirement for landlords to obtain a license to let a home in those areas. The selective licensing fee is £750.  
Applications can be made from 3rd January 2023 and further information on how to apply will be made available on the council’s website in due course. Those who apply for a license between 3rd January and 3rd April 2023 may be eligible to receive a 25% early application discount. Those who are already members of a recognized landlord’s accreditation scheme (LLAS, NRLA, UKAKA, ARLA, RICS and Safeagent) may also qualify for a further discount of £75. Once the scheme is in force, failure to obtain a license may result in prosecution and an unlimited fine. As an alternative to prosecution, the council may impose a financial penalty of up to £30,000.

As always, we would like to keep our clients up to date with the latest legislation updates. Should you wish to discuss your obligations relating to either of these, please do not hesitate to contact us. Additionally, we would welcome anyone who would like to discuss the current market, as it is particularly buoyant at the moment!!...

Tel: 0208 995 1600