There have been a number of high-profile fires over the past decade or so, which have contributed in part to an overhaul of Fire Safety Regulations. These have included both high-rise accommodation blocks, as well as individual house fires, both sadly resulting in loss of life. The question that unites these cases, and the regulation that followed, is ‘Who is responsible?’
As a landlord, or property provider, you will need to be familiar with the legislation that applies to you, and the steps you must take to be compliant. The below is intended very much as an overview of this and is in no-way a substitute for specific advice or in-depth knowledge. It may, however, provide some initial awareness and an understanding of what further assistance you will need.
3 key elements of Fire Safety:
1. Gas Safety
As a landlord you must:
- Make sure any gas equipment you supply is safely installed and maintained by a registered Gas Safety engineer
- Ensure an annual gas safety check is completed by a registered engineer
- Provide tenants with a copy of the gas safety check record before they move in, or within 28 days of the check
2. Electrical Safety
You must ensure that:
- The electrical system is safe (for example sockets and light fittings)
- The property has a current EICR electric certification
- Any appliances you supply are safe (such as white goods, cookers etc)
3. Fire Prevention / Alert
You must undertake the following:
- Comply with current safety regulations, appropriate to the property type
- Provide a working smoke alarm for each storey of the property
- Provide a working carbon monoxide alarm in any room with a fuel burning appliance
- Check that escape routes are clearly identified and useable
- Make sure any furniture / furnishings are fire safe
HMO’s and large-scale developments
The rules for Houses in Multiple Occupation are even more stringent, as they cover large and purpose-built developments. HMO’s are defined as having at least 3 tenants living there (forming more than 1 household) and sharing toilet, bathroom, or kitchen facilities. It will be classed as a large HMO if the same set-up applies but with at least 5 tenants in residence.
Large HMO’s require a specific licence, which must be obtained via the local council. The increased safety standards that apply reflect the increased risk with a higher number of occupants, and the greater challenge to evacuate in the event of fire.
The rules for blocks of flats (including houses converted into flats) were tightened via the Fire Safety Act 2021, following the Grenfell fire. Regulations now include the external structure and common parts of the building, such as doors, walls, and balconies. Landlords must therefore consult the appropriate legislation for the type of building they own or manage, and ensure all requirements are met.
Risk Assessments
For single lets, landlords can undertake a risk assessment themselves if they feel competent to do so. They may, however, prefer to refer this to a professional, such as their Letting Agent or Property Manager.
For HMO’s and purpose-built flats, individual dwellings are subject to the same safety regulations that apply to any rented property. Safe management of the building in its entirety, however, will require the appointment of a ‘Responsible Person’, who, in accordance with the Fire Safety Order 2005 will undertake ‘such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe’. This will include the following duties:
- Carry out a fire risk assessment, identify what fire precautions need to be made, and record them.
- Eliminate or reduce the risks as far as is reasonably practical.
- Ensure the building has appropriate fire-fighting equipment, and with fire detectors and alarms.
- Ensure routes to emergency exits, and the exits themselves, are always kept clear.
- Establish appropriate procedures, including fire safety drills, and nominate competent (trained) persons to assist with evacuation.
- Ensure premises, facilities, equipment & devices are maintained in efficient working order and good repair.
Given that breaching these responsibilities is a criminal offence, landlords and agents should enlist the services of a fire-safety professional for both risk assessments and ongoing compliance. This should include liaising with the local council to check what specific or additional regulations may apply.
You can find more detailed information on the government website under ‘Check your fire safety responsibilities’ and via the Fire Sector Federation website.
