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Smoke and carbon monoxide alarms

In rented properties

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force on 1 October 2015 requiring private sector landlords to:

You may be able to obtain free smoke alarms from the Kent Fire and Rescue Service.

We are is responsible for enforcing the regulations and can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice.

What are the regulations?

Statement of Principles

Smoke and Carbon Monoxide Alarm Regulations 2015:

Under the regulations it is expected that most landlords will comply and only a small proportion of Private Sector interventions will result in fines being levied. The level of fine must include a punitive element for failure to comply, and be of sufficient level to encourage compliance of the Regulations.

Therefore, the main principles taken into account when setting the charge will be:

Level of Penalty Charge

Should the Landlord not comply with a remedial notice then the penalty charge will be set.


Level of PCN
Reduction for promt payment
First offence
£1,500
£1,000
Second offence £2,500 None
Third and subsequent offence £5,000 None

Note: Penalties apply in relation to the same dwelling.

Recovery of Penalty Charge

The council may recover the penalty charge as laid down in the regulations i.e. on the order of a court, as if payable under a court order.

Review in relation to a penalty charge notice

The Landlord can request in writing that the local authority review the penalty charge notice.

The request for a review must be made within 28 days, beginning with the day on which the penalty charge notice was served.

The Head of Resident Services, in consultation with the Cabinet Member for Housing (or Member substituted by him/her), will consider any representation, and decide whether to confirm, vary or withdraw the penalty charge notice.

Appeals

A landlord who is served with a notice confirming or varying a penalty charge may appeal to the First–tier Tribunal against the local authority’s decision.

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