Tenant has removed smoke alarm!

GDB2222

I installed a wired-in smoke alarm in a tenanted flat. The electricians did it, to be precise.

I went round the other day, and I was horrified to see that the tenants had simply removed it. Why? Well, it apparently went off when they cooked - even though it's quite a long way from the kitchen.

Any advice, please?

Doozergirl

Put in a Nest combined smoke and CO alarm. It's so intelligent. Costs about £80. I'm a huge fan.

They can operate it from the app. It will actually ask if you're cooking when it senses a certain type of smoke, so it can be overridden without ripping it off the ceiling.

You're keeping them safe and meeting your obligations as landlord.

da_rule

Is this the only smoke alarm in the flat? If so they are causing you to be in breach of the regulations concerning smoke alarms in tenanted properties. Also, if the alarm is wired in and fixed to the ceiling (I have assumed ceiling), then it is also likely to be a fixture and more importantly a landlords fixture.

Therefore, what does your lease say about:
1) The tenants interfering with landlords fixtures?
2) The tenants interfering with safety devices (sometimes included as a separate clause)?
3) The tenants doing anything which could cause your insurance to become void or the premium to increase?

If these clauses exist and a worded in such a way so as to prohibit the tenants from doing any of the above then they are more than likely in breach of the tenancy, for which you can take action.

Also, if they have caused any damage then this may also be actionable.

Once you have the tenancy I would write to them and set out that:
1) They are in breach of their tenancy and
2) They are preventing you from fulfilling your legal obligations as a landlord

Does the lease allow you to recover costs from the tenants during the term for works that you have to do due to their breach? If so, I'd then arrange for the alarm to be refitted and charge this to them. I wouldn't be minded to allow them to do the work as you would still have to check that it works.

I would then further warn them that if they do this again you will look to terminate the tenancy.

It may just be that they didn't realise it was such an issue, and a properly worded letter may make them see the error of their ways.

Doozergirl

da_rule wrote: »

Is this the only smoke alarm in the flat? If so they are causing you to be in breach of the regulations concerning smoke alarms in tenanted properties. Also, if the alarm is wired in and fixed to the ceiling (I have assumed ceiling), then it is also likely to be a fixture and more importantly a landlords fixture.

Therefore, what does your lease say about:
1) The tenants interfering with landlords fixtures?
2) The tenants interfering with safety devices (sometimes included as a separate clause)?
3) The tenants doing anything which could cause your insurance to become void or the premium to increase?

If these clauses exist and a worded in such a way so as to prohibit the tenants from doing any of the above then they are more than likely in breach of the tenancy, for which you can take action.

Also, if they have caused any damage then this may also be actionable.

Once you have the tenancy I would write to them and set out that:
1) They are in breach of their tenancy and
2) They are preventing you from fulfilling your legal obligations as a landlord

Does the lease allow you to recover costs from the tenants during the term for works that you have to do due to their breach? If so, I'd then arrange for the alarm to be refitted and charge this to them. I wouldn't be minded to allow them to do the work as you would still have to check that it works.

I would then further warn them that if they do this again you will look to terminate the tenancy.

It may just be that they didn't realise it was such an issue, and a properly worded letter may make them see the error of their ways.

.... or he could just buy a better smoke alarm.
https://nest.com/uk/smoke-co-alarm/meet-nest-protect/

Whilst technically correct, writing letters and checking leases doesn't solve the original problem of an overactive and exceptionally annoying smoke alarm.

da_rule

Doozergirl wrote: »

.... or he could just buy a better smoke alarm.
https://nest.com/uk/smoke-co-alarm/meet-nest-protect/

Whilst technically correct, writing letters and checking leases doesn't solve the original problem of an overactive and exceptionally annoying smoke alarm.

Whilst installing a 'better' alarm (without knowing the spec of the OP's alarm it's hard to say whether the Nest one is better) may make the alarm less annoying for the tenant, and therefore less likely that they will interfere with it, it does not address the fact that the tenant has interfered with a wired in appliance.

There are wider safety issues to consider. Are there now exposed wires? Is there now an exposed hole in the ceiling? All of this will need to be made good/safe.

coffeehound

Sounds like the kitchen could do with better extraction. Wonder if it would be acceptable to fit a heat sensor alarm rather than smoke alarm in that particular position if false triggering is a problem?

maninthestreet

coffeehound wrote: »

Sounds like the kitchen could do with better extraction. Wonder if it would be acceptable to fit a heat sensor alarm rather than smoke alarm in that particular position if false triggering is a problem?

It's quite likely to be the heat that is triggering it.

da_rule

coffeehound wrote: »

Sounds like the kitchen could do with better extraction. Wonder if it would be acceptable to fit a heat sensor alarm rather than smoke alarm in that particular position if false triggering is a problem?

Unfortunately the regulations specifically mention smoke detectors. The government guidance on the regulations specifically says that heat detectors are not a substitute for smoke detectors. Therefore if this is the only detector in the flat then it needs to be replaced by another smoke detector. However it may be that it could be sited in a better position to avoid accidental activations.

Doozergirl

da_rule wrote: »

Whilst installing a 'better' alarm (without knowing the spec of the OP's alarm it's hard to say whether the Nest one is better) may make the alarm less annoying for the tenant, and therefore less likely that they will interfere with it, it does not address the fact that the tenant has interfered with a wired in appliance.

There are wider safety issues to consider. Are there now exposed wires? Is there now an exposed hole in the ceiling? All of this will need to be made good/safe.

It won't be better than the Nest, because there isn't better on the market and the Nest won't do what the OP's tenants' alarm was doing.

Tenant may well have breached their agreement but they wouldn't have done it if the smoke alarm wasn't an issue. Any loose wiring is solved by fitting a new one.

No point making a mountain out of a molehill and upsetting tenants who must have been quite riled to remove it. We all know how annoying smoke alarms can be. The initial problem was the smoke alarm. That is what should be addressed rather than the tenant's desperate action to make it stop.

theartfullodger

Isue s8 (don't take to court) and explain there will be s21 & no reference if this happens again.

Too big a risk, tenants going up in smoke.

I wouldn't want such a stupid tenant

anselld

GDB2222 wrote: »

I installed a wired-in smoke alarm in a tenanted flat. The electricians did it, to be precise.

I went round the other day, and I was horrified to see that the tenants had simply removed it. Why? Well, it apparently went off when they cooked - even though it's quite a long way from the kitchen.

Any advice, please?

Get a multi-sensor alarm, immune to false trigger from cooking, etc..

https://www.aico.co.uk/product/ei2110e-multi-sensor-fire-alarm/