December 2024 sees further changes for the private rental sector in Northern Ireland

According to the 2006 House Condition Survey, 80,900 dwellings within Northern Ireland made up the private rental sector 17 years ago. Fast forward to the 2021 Census and the figure sat at 132,000 dwellings. In a sector which has almost doubled over the last 40 years, it is inevitable that a large portion of the population will at some stage find themselves on either side of a landlord/ tenant relationship within the private rental sector. Therefore, it is vital to ensure that the increasing number of landlords and tenants in this jurisdiction understand the upcoming changes to the private rental sector and their impact.

Initial changes prior to 1 December 2024

The Private Tenancies Act (Northern Ireland) 2022 was introduced to amend and update the law in relation to private tenancies in Northern Ireland. To date, various aspects of the legislation have already come into force including changes to the length of notice to quit periods, tenancy information, receipts for cash payments and tenancy deposits. Most recently, from 1 September 2024, landlords are required to install smoke, heat and carbon monoxide alarms in all private rented properties where the tenancy commenced on or after 1 September 2024 in accordance with The Smoke, Heat and Carbon Monoxide Alarms for Private Tenancies Regulations (Northern Ireland) 2024.

New changes from 1 December 2024

The new changes from 1 December 2024 bring all tenancies which commenced prior to 1 September 2024 in line with the requirements of the Regulations. As a landlord or tenant, the Regulations offer vital guidance on new responsibilities and requirements.

What are the new Regulations?

Fire detection systems fitted in the property must be British Standard BS 5839-6 compliant and carbon monoxide alarms must be British Standard BS EN 50292 compliant. Landlords should fit battery operated alarms in accordance with manufacturer’s instructions, and they should be tamper-proof with long life batteries. For any alarms which are to be wired into the mains, installation should be carried out by a qualified electrician.

In terms of location of alarms, landlords should ensure that there is:

• one smoke alarm in the main daytime living room and in each circulation space on every storey;
• one heat alarm in every kitchen;
• one carbon monoxide alarm in any room where there is a flue or fixed combustion appliance.

Smoke and heat alarms must be interlinked, as should carbon monoxide alarms if there are more than one in the property.

Legal obligations for landlords

Key responsibilities for landlords include:

1. To install smoke, heat, and carbon monoxide alarms in all private rented properties.
2. To replace or repair alarms as soon as practicable once notified by a tenant of any faults. If there are any issues with gaining access to the property for the purposes of repair or maintenance of the alarms, the landlord should keep a written record of this in case they need to apply for a court order.
3. At the beginning of any new tenancy, landlords should ensure that the required alarms are fitted and working and confirm that the tenant is satisfied the alarms are in working order.
4. Keep formal records of installation or replacement of alarms.
5. Advise tenants that it is their responsibility to conduct regular inspections in accordance with the specific manufacturer’s instructions. Landlords must provide demonstrations if required.
6. Replace alarms once they reach the expiry date specified by the manufacturer.

Responsibilities for tenants

Under the new changes, tenants are responsible for the following:

1. Report faulty alarms to landlords or letting agents as soon as faults are observed. The tenant should work with the landlord to find an appropriate time to access the property to carry out repairs or replacement and do not obstruct access for these purposes.
2. Follow the landlord’s guidance regarding when alarms should be tested.
3. Take proper care of any alarms and do not tamper with them. Tenants, or their visitors to the property, may be liable if damage to the alarms is caused by their negligence.

These changes are important for the protection of landlords and their tenants, therefore, it is vitally important for both to understand the obligations in relation to the new Regulations. It would be advisable for landlords to review their current private rentals to ensure that they are compliant with the Regulations as failure to comply will be an offence which may attract a fine under the Private Tenancies (NI) Order 2006. If a landlord has failed to comply with the requirements, tenants may contact the local council for support.