Facts And Information To Assist You With Fire Safety For Landlords And Tenants

When necessary, recommendation on enforcement issues can be sought from the LHA, FRA or perhaps suitable landlord associations. The content of this article is intended as information only. Defined interpretation of the legislative requirements can only be made by the relevant court or tribunal. The guidance applies to England, but Welsh statutory specifications are very similar and so the overall advice on fire risk assessment may also be relevant in Wales.

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This guidance does not introduce new requirements or regulations yet builds upon current good practice and guidance currently in place around the country. It aims to provide house owners and enforcing officers with advice in complying with the legislative specifications in a consistent and reasonable manner.

This document does not set prescriptive standards but provides recommendations as well as guidance to use when evaluating the adequacy of fire precautions in these types of premises. Additional fire risk assessment methods may be just as valid in order to abide by fire safety legislation, and alternative approaches to individual fire safety solutions might be appropriate.

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The Housing Act 2004 brought in a new program of regulation for fire safety in pre-existing non commercial premises by way of the housing health and safety rating system (HHSRS), licensing provisions for residences in multiple occupation (HMOs) and management regulations for HMOs. In practice the HHSRS is the primary technique used to assess and regulate fire safety requirements, but HMO licensing conditions will echo HHSRS assessments. The responsible individual for the requirements of fire safety provision and maintenance at the residential accommodation is the individual having control usually the landlord, or perhaps in HMOs the manager. Previous fire safety guidance for HMOs within the Department of Environment Circular 12/92 had been withdrawn.

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Alongside the Housing Act 2004, the Regulatory Reform (Fire Safety) Order 2005 (FSO) introduced duties in relation to fire safety in the common areas of HMOs flats, maisonettes and sheltered accommodation in which personalized care is not made available. The responsibility is placed on the responsible person, who is required to carry out a fire risk assessment and take certain action to decrease the risk of fire in the common areas. Responsible person means the person who has control of the premises in connection with the carrying on of a trade, business or maybe other undertaking. In practice this would generally be the landlord, but in the case of absentee landlords where the carrying on of the business is undertaken by a managing agent it may be the managing agent. These types of provisions are enforced by fire and rescue authorities.

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