If you own a rental property, you need to make sure it is as safe as possible for your tenants. Fire can be devastating, not only causing a loss of possessions but also loss of life. In this guide, we will look at your landlord fire safety responsibilities and how to carry out a landlord fire risk assessment.
- What is a fire risk assessment?
- What are the penalties?
- Which rental properties need a fire risk assessment?
- Are fire risk assessments a law requirement for flats?
- Does a HMO need a fire risk assessment?
- Do I have to carry out a fire risk assessment in an unoccupied property?
- How often do I have to get a fire risk assessment carried out?
- What if I run a guest house?
- Are tenants responsible for fire safety?
What is a fire risk assessment?
A fire risk assessment is a report carried out to determine what needs to be done in a rental property to reduce fire risk. It also looks at what needs to be done to ensure tenants can safely get out of the building if a fire breaks out. The assessment looks at factors including:
The location of smoke detectors, fire blankets, and extinguishers
Escape routes out of the building
The fire resistance of doors
Potential fire hazards (for example, flammable furniture and combustible storage)
An assessment is a legal requirement for all rental properties with communal areas. If you have five or more tenants living in your property, your fire risk assessment must be written down.
What are the penalties?
As a landlord, you are responsible for your tenant’s safety in line with the Housing Act (2004) and the Regulatory Reform Fire Safety Order (2005). If you are found guilty of endangering the life of your tenants, you could not only be liable for a fine or prison sentence, but you could also be banned from letting out properties in the future. In October 2021, a building owner was found guilty of breaching the Fire Safety Order after failing to carry out a fire risk assessment on a flat above a shop. The building caught fire, with two people having to be rescued from the building as they were unable to exit the flat safely. The landlord was sentenced to two months in prison, fined £20,000, and ordered to pay £11,500 prosecution costs.
Which rental properties need a fire risk assessment?
Properties registered as a house in multiple occupation (HMO) must have a fire risk assessment in place. This is because the fire risk in an HMO is higher, and the people living there are less likely to be acquainted, thus less likely to help each other in an emergency. Rental properties that aren’t classified as a ‘single private dwelling’ (i.e. a property rented by the same family or friend group) and have communal living spaces like a living room or kitchen also need a fire risk assessment.
If you’re wondering, “Do I need a fire risk assessment?” we have written this guide to help you understand.
Are fire risk assessments a law requirement for flats?
Yes, all blocks of flats must have a fire risk assessment by law. If your flat has more than four residents at any one time, you must have a written record of this fire risk assessment. However, even if you have fewer than four residents, we still recommend that your landlord fire risk assessment be recorded in writing. Every block of flats must have a ‘responsible person’ who is responsible for fire safety. It is their responsibility to make sure a valid fire risk assessment is carried out and that common areas like stairways and corridors stay safe.
Does an HMO need a fire risk assessment?
Yes. If you own an HMO, you also need to take extra precautions against fire risk. For example, fire extinguishers are required on each floor in common areas, and emergency lighting is needed for buildings larger than two storeys. Regulations can vary, so we would recommend checking with your local council to understand what needs to be included in your HMO fire risk assessment. When applying for an HMO licence with your local council, you will need to provide evidence of a recent fire risk assessment. Find out about keeping an HMO safe.
Do I have to carry out a fire risk assessment in an unoccupied property?
Yes. This is because the risk of fire is just as likely in empty properties as it is in occupied ones.
How often to do a fire risk assessment?
The Regulatory Reform (Fire Safety) Order 2005 says any fire risk assessment should be ‘reviewed by the responsible person regularly so as to keep it up to date’. The law doesn’t define what is meant by ‘regularly’, but we recommend an annual fire safety review. Plus, if anything changes in your property, this is a sign you should update fire risk assessment again.
You can find out more about “How often should a fire risk assessment be reviewed?” in this article.
What if I run a guest house?
If you run a guest house, holiday home, or bed and breakfast, a fire risk assessment is a legal requirement. As with landlords, you will need to have an assessment carried out regularly and make visitors aware of how to exit the property in case of fire.
Are tenants responsible for fire safety?
Yes – tenants are responsible for doing what they can to minimise fire risk in flats. This can include avoiding:
- Blocking fire escape routes,
- Smoking in the property
- ‘Daisy-chaining’ extension leads
If a tenant sees something they think is a potential fire risk, they need to know how to report it to you so you can fix the problem. They also need to be aware of fire safety measures. We recommend providing all of this information in your tenancy agreement, you should include:
- Details of the fire escape plan for tenants
- Tenant fire safety advice
- Communal area fire safety
- Fire drill meeting points
Get Help From Hawkesworth
While the law allows landlords to conduct fire risk assessments, this is a high-risk area where mistakes can have serious, even fatal, consequences. Knowing what to look for takes expertise, and missing something critical could put lives in danger and leave you open to prosecution.
At Hawkesworth, we are fully qualified to carry out fire risk assessments for landlords across a wide range of property types, including HMOs, blocks of flats, and guest houses. Our experienced assessors understand the legal requirements and practical safety standards, giving you peace of mind that your property is compliant and your tenants are protected.
Don’t take chances with fire safety. Let a professional do it properly. Contact Hawkesworth today to arrange your fire risk assessment.
