As a residential landlord, you have a general duty to keep your
tenant's home fit for them to live in and ensure that it doesn't
endanger their health. This includes ensuring there are no fire
hazards in the property and if it is a house in multiple occupation
(HMO), you have additional responsibilities.
What is an HMO?
Tenants may be protected by fire safety laws if they live in a
house in multiple occupation (HMO). It can sometimes be difficult
to establish whether the property is classed as an HMO so you
should contact a housing adviser in your area if you're not
certain. An HMO could be:
- a hostel
- a house split into separate bed sits
- a house or flat share, where people have separate tenancy
agreements
- a bed and breakfast or hotel which is not just for
holidays.
Fire safety in HMOs
Safety equipment
HMO landlords have to ensure there are adequate fire precautions
(including alarms, extinguishers and fire blankets) and fire escape
routes. These must be well maintained and adequate for the number
of residents and the size of the property.
HMOs should be fitted with fire warning systems such as fire
alarms and heat or smoke detectors. These should be placed
throughout the building but particularly in escape routes and areas
of high risk, such as kitchens. The fire warning system should be
serviced and checked regularly.
Fire equipment such as extinguishers and fire blankets should be
provided. There should be at least one fire extinguisher on each
floor and a fire blanket in every shared kitchen. These have to be
checked periodically and the correct sort of extinguisher must be
provided. It's up to you to make sure you know how to use the fire
blanket and fire extinguisher in an emergency.
Means of escape
HMOs should have an escape route that can resist fire, smoke and
fumes long enough for everyone to leave (usually at least 30
minutes). This could be an external fire escape, or internal
stairs, corridors or walkways that are specially constructed or
treated to resist fire. All the walls, ceilings, floors and
partitions along the escape route must be fire resistant. All the
doors leading to the escape route must be fire resistant and must
close automatically.
Non-compliance
If you fail to comply with your fire safety responsibilities,
your local council or Fire & Rescue Service may get involved
and can inspect the property to see if you are complying with the
law. They may write to you or the managing agent, setting out what
needs to be done including any necessary repairs. They may serve a
legal notice and could even prosecute.
Fire safety for other residential
properties
If the property is not an HMO, there are no specific laws to
comply with but you do have a general duty to keep the property
inhabitable.
If you don't believe the property is fire safe, you should
seriously consider installing smoke alarms, a fire extinguisher and
a carbon monoxide detector.
If the problem is caused by disrepair (for example, loose wiring
or a faulty electrical heater) you have an obligation to arrange
for the necessary repairs to be carried out.
If the council deem that the fire hazards in the property could
endanger the tenants health or cause a serious nuisance to
neighbours or the general public, the council's environmental
health department may get involved who may inspect the property and
can order you to put the problems right.
Fire safety and furnishings
Any upholstered furnishings you provide in the property should
be fire resistant - this applies to all landlords. Upholstered
furniture includes:
- sofas and armchairs
- beds, headboards and mattresses
- sofa beds and futons
- nursery and children's furniture
- loose and stretch covers for furniture
- cushions and seat pads
- furniture in new caravan
- garden furniture that is used indoors
There should be a symbol on your furniture to state that it is
fire resistant. If the furnishings in the property are not fire
resistant, they must be replaced otherwise the trading standards
office may get involved.
Tenants seeking further information and assistance should look
at the
Residential landlords seeking further information should look at
the
This section highlights some of the main features of the
principal fire and building legislation applicable to schools. It
also draws attention to relevant guidance on how to meet the
requirements of the legislation.
Remember, however, that only the courts can give a binding
interpretation on a point of law.
Responsibilities
With schools that are maintained by a local education authority,
responsibility for fire safety is usually shared between the
authority, the governing body and the Headteacher. Between them,
they must ensure that fire precautions in such premises comply with
all relevant health and safety legislation cited in this section,
including regulation 17 of the Education (School Premises)
Regulations 1999.
This requires that every part of a school building, and of the
land provided for a school, shall be such that the safe escape of
the occupants in case of fire is reasonably assured.
Particular regard is given to:
- The likely rate at which flames would spread across exposed
surfaces.
- Resistance to fire of the structures and of the materials of
which the structures are made, and their other properties.
- The means of escape in case of fire. With these schools, the
local education authority usually assumes responsibility for the
installation and maintenance of the fire alarm systems and the
structural fire integrity of the buildings.
In independent schools, responsibility for fire safety generally
rests with the proprietor, who is required to register the school
under section 465 of the Education Act 1996. Registration will
depend, amongst other things, on the provision and maintenance of
adequate fire precautions.
Making a risk assessment
Health and safety responsibilities in schools include fire
safety. In particular, the employer(i.e. with maintained
schools either the local education authority or the governing body)
is required:
- to make a suitable and sufficient assessment of:
- the risks to the health and safety of employees whilst
they are at work, in accordance with regulation 3(1) of the
Management of Health and Safety at Work Regulations 1999 (which are
made under the Health and Safety at Work etc. Act 1974); and
- the risks to the health and safety of other persons (e.g.
pupils) whilst they are on the premises;
- to record the significant findings of the assessment under
regulation 3(6) of those Regulations where five or more people are
employed (whether or not they are at work in the same school at any
one time or at separate workplaces).
Where the assessment relates to general fire precautions, to be
taken or observed by an employer in relation to the risk to the
safety of employees in case of fire, it is the fire authorities who
have responsibility for enforcement(7).
In practice, Fire & Rescue Services will tend to concentrate
activities on workplaces with a higher fire risk than schools (but
provision of boarding accommodation is likely to influence their
inspection programme).
The Home Office has produced guidance to accompany the
Regulations, which is useful to read alongside this publication
(8). The guide explains what fire risk assessment is and how to go
about it. It also focuses on the provision of fire precautions in
the workplace in the light of the findings of fire risk
assessment.
In addition, more information and guidance can be found on the
.