The landlord's guide to fire safety in private rental properties

When renting properties out to private tenants, landlords have a duty of care to make sure the property is safe to live in.

The forthcoming Renters’ Rights Bill' will seek to both clarify and update requirements to make sure homes offer a safe and decent standard of living. This includes property maintenance and standards relating to fire safety.

In this article we focus on what's expected of private landlords when it comes to fire safety, from legal responsibilities to ideas for optimising standards and relationships with tenants.

Read landlord's introductory guide to the Renters’ Rights Bill' - here

[link to 'The landlord's introductory guide to the Renters’ Rights Bill']

Understanding your legal responsibilities as a landlord

Landlords have a legal responsibility to make sure properties are safe in all respects. When it comes to fire safety, that includes specific criteria around maintaining smoke and carbon monoxide alarms, making sure there are clear and safe fire exits, and that appliances are safe to use, and/or fire resistant.

Current rules around fire safety for landlords in the UK mean that they must provide:

●      A working smoke alarm on each storey and a carbon monoxide alarm in any room with a solid fuel burning appliance (for example a coal fire or wood burning stove).

●      Check that tenants have access to escape routes at all times.

●      Make sure the furniture and furnishings they supply are fire safe.

●      Provide fire alarms and extinguishers if the property is a large house in multiple occupation (HMO).

Key fire safety legislation:

The Housing Health and Safety Rating System (HHSRS)

The HHSRS gives guidance for private landlords under the Housing Act 2004, providing a risk assessment tool used to help evaluate potential hazards in residential properties.

The Regulatory Reform (Fire Safety) Order

The Regulatory Reform (Fire Safety) Order 2005 is the main legislation that looks at fire safety in buildings in England and Wales. It follows The Fire Safety Act 2021, which said that external walls and flat entrances had to be accounted for in fire risk assessments. Additional responsibilities have since been added, to provide guidance for those responsible for fire safety.

Smoke and Carbon Monoxide Alarm Regulations

The Smoke and Carbon Monoxide Alarm Regulations date to 2022, requiring landlords to install smoke and carbon monoxide alarms in their properties. This specifically refers to the need to have a smoke alarm on each storey and a carbon monoxide alarm in any room with a solid fuel burning appliance.

Gas Safety (Installation and Use) Regulations 1998

The Gas Safety (Installation and Use) Regulations 1998 sets out the rules around installation and maintenance of gas appliances and fittings in a home to make sure they're safe.

Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 sets out rules to ensure everything has been done to make sure electrics in a property are safe, including that they are checked and signed off at least every five years by a qualified electrician.

Fire Safety (England) Regulations 2022

In 2022, the Fire Safety (England) Regulations 2022 introduced new duties under the Fire Safety Order for building owners or managers, following the Grenfell Tower Inquiry. They relate specifically to blocks of flats, "multi-occupied residential buildings which are high-rise buildings, as well as those above 11 metres in height". They include guidance on building plans, external wall systems, lifts, firefighting equipment, information boxes, wayfinding signage, fire doors, and fire safety instructions.

Penalties for non-compliance of safety requirements

The new Renters’ Rights Bill, which is set to come into force, places particular emphasis on ensuring property standards are met, with an established process for enforcement, investigation, and penalties. Local councils are being given a range of new powers to check and enforce standards or to take action against anyone who doesn't comply.

This includes:

●      A civil penalty of up to £7,000 for initial or minor non-compliance

●      A civil penalty of up to £40,000 for serious, persistent, or repeat non-compliance

●      Serious, persistent or repeat non-compliance may also lead to a criminal prosecution

●      Failure to comply with ombudsman decisions may lead to landlords being expelled from the Private Rented Sector Landlord Ombudsman scheme, followed by possible fines and penalties from the local council

●      Rent repayment orders (RROs) may also mean tenants can seek repayment of rent from their landlord if they don't comply with the Renters’ Rights Bill

When it comes to fire safety, it's also worth noting that the possible consequences of negligence can depend on whether or not anything happens as a direct result of non-compliance regarding safety standards. In severe cases, for example, it could result in criminal prosecution.

The Home Office guidelines titled 'Enforcement and sanctions for non-compliance' states clearly: "It is the responsibility of the Responsible Person, other dutyholders, and those they appoint to assist them, to comply with the fire safety legislation."

Fire risk assessments

All landlords are required to carry out a fire risk assessment of their properties under the Regulatory Reform (Fire Safety) Order 2005, so you can identify any areas that need improvement and give both you and your tenants peace of mind.

It is recommended that you conduct a fire risk assessment before a tenancy begins, documenting your findings and addressing any issues. Then, while there is no specified frequency for review, it's a good idea to re-do the risk assessment annually, taking care of any changes that need to be addressed in a timely manner.

What is a fire risk assessment?

A fire risk assessment is a chance to do a systematic evaluation of your property and identify any hazards or areas of potential fire risk. It should include a review of the property inside and out, as well as documentation of your findings, and clear actions for anything that needs to be resolved. You should make sure you keep an accurate record of what's found, actions taken, timeframes, and outcomes to both help prevent fire, and keep residents of the property safe in case a fire does occur.

Is a professional required?

A professional fire risk assessor isn't usually mandatory when it comes to a private rented property, especially if it's a single private dwelling. However, the person doing the assessment should be considered competent and thorough. That said, if you prefer, then you can employ a professional to carry out the inspection. When it comes to HMOs and blocks of flats, then a professional should be consulted.

What should a fire risk assessment include:

A fire risk assessment should be a thorough, pre-considered assessment of specific areas of the property, including the following:

Identify hazards

For example, this might include faulty electrical equipment, appliances, heaters, or combustible materials that could fuel a fire.

Identify people at risk

People at risk might include children, elderly residents, or anyone with mobility issues. It refers to anyone in the building who might be at specific or additional risk should a fire break out.

Evaluate, remove or reduce risks

Some risks can, and should, be removed, while those that are unavoidable aspects of a property should be controlled wherever possible. A fire risk assessment should clearly identify and evaluate risks, making reasonable changes to remove or reduce them wherever possible. That might mean ensuring proper storage of flammable materials, making sure electrical systems are maintained and signed off by a qualified professional, and checking that working fire alarms are in place.

Record findings, prepare emergency plan

Keeping an accurate record of the assessment, its findings, and consequent actions, including any reports, receipts, photos, or videos, is essential for maintaining standards. It will also help you to identify any new issues that have occurred going forward.

Review and update regularly

Regular reviews of fire safety are recommended in order to keep landlords, tenants, and properties safe. While there isn't a specific frequency required, an annual review is suggested to balance convenience and safety.

What fire safety equipment should your property have?

There is some equipment that landlords are required to have in rented properties in the UK, while others are recommended, and these include a combination of preventative items, fire detection/warning systems, as well as fire fighting equipment.

Mandatory fire safety equipment

Fire detection and warning systems

In all rented properties it's mandatory to have at least one working smoke alarm on each floor of the property, and carbon monoxide detectors in all rooms with solid fuel.

For best practice, these should be interconnected alarms, so that when one goes off all the alarms in the system activate simultaneously to make sure everyone has a chance to get out of the building if there is a fire.

It's also important that fire alarms are maintained properly with regular testing and servicing. Legislation says:

"Landlords must ensure alarms are installed and working at the start of the tenancy, and tenants are responsible for testing them regularly (monthly) and reporting any issues. Landlords should also conduct annual maintenance and promptly address any reported faults."

While they’re not mandatory, additional heat detectors are recommended in areas such as kitchens.

Fire exits

Landlords must make sure that tenants have access to escape routes/ suitable fire exists at all times. Obvious options are any doors, but it can also include windows that are suitable to escape through in case of a fire.

You can seek expert advice from local fire and rescue services, your local council, or a qualified fire risk assessor, to determine whether your property has suitable escape routes, and to help you plan pathways for specific properties.

For example, routes should provide a clear, unobstructed pathway to safety, free from furniture or storage. Ideally they should also be well-lit, and have doors that can be closed to slow down the spread of any fire.

Recommended fire safety equipment

Fire fighting equipment

Fire blankets and fire extinguishers are not legally required in single-let properties, but in some instances they can be recommended. That said, the Local Authorities Co-ordinators of Regulatory Services - LACORS, highlights that the best advice is to evacuate a building unless a fire is very small, and to call fire and rescue services to handle the blaze.

Fire-resistant furnishings and materials

In the UK, landlords are required to make sure that the furniture and furnishings they supply are fire safe. That means that they have to meet the British Standard for fire tests. You can find out more about those details on the government's Furniture and Furnishings (Fire) (Safety) Regulations 1988. That said, best practice is to choose fire resistant furnishings, made from fire-retardant materials like treated fabrics and fillings to optimise safety compliance. You can also opt for fire-resistant paints and coatings for walls and ceilings. The simplest thing to do is check fire safety labels on furniture before purchase.

Tenant communication and education

While much of the fire safety requirements are taken care of in the structure and furnishing of the property, it's all important for landlords and tenants to work together to make sure everyone is safe and cared for, helping to prevent fire or get out safely should something happen. The best way to do that is to maintain clear communication  with your tenant:

●      Make sure tenants understand what measures have been taken before they move in.

●      Provide instructions for alarm testing, escape plans, and recommended fire safety procedures.

●      Provide regular reminders for alarm testing and ask for the results so you can keep a record.

●      Alert them to scheduled tests that you, the landlord, or your representative needs to undertake and make sure they aren't missed.

Record keeping and compliance

Record keeping is an undervalued but deeply important part of the process when it comes to maintaining a property, especially when it comes to fire safety. We suggest:

●      Keeping a log of inspections, alarm tests, and maintenance that's carried out.

●      Keep fire safety certificates and documentation in the same file (ideally both digital and hard copy).

●      Use this information to make sure your property is always inspection-ready - local councils have the authority to inspect private rental properties without giving notice to the landlord.

Special considerations for HMOs

A House in Multiple Occupation (HMO), is a property that's rented out to multiple households - defined as at least three people who are not all from one family. They will often share some amenities like the kitchen and bathroom, and because of the different risk profile they have some different or additional rules to single let properties. If the property is an HMO then the rules are slightly different when it comes to fire safety. For example, these include, but are not limited to:

●      Fire extinguishers and fire blankets are legally required, especially in the kitchen and common areas.

●      Landlords must install and maintain fire detection and alarm systems.

●      HMOs are legally required to feature fire doors - often self-closing.

●      They must have a written fire risk assessment, usually conducted annually.

●      In some cases heat detectors are required, as well as additional smoke alarms.

●      Additional safety checks are required, including weekly alarm checks.

●      Specific types of fire detection systems must be used (usually Grade D to Grade A).

●      Alarm systems do need to be interconnected.

●      In larger HMOs manual call points are required to trigger fire alarm systems.

●      Often HMOs need to have emergency lighting installed in areas such as stairwells.

●      HMOs are required to feature fire safety instructions and signage.

Staying up to date

As with all things, it's important for landlords to remain up to date when it comes to safety regulations in letting properties. As the world progresses and new opportunities become available to improve health and wellbeing, further recommendations and legislation are liable to come into play. At Chestertons, we make sure we keep our landlords informed about changes, but undertaking your own research will also help to give you peace of mind.

Landlord fire safety checklist

At Chestertons we liaise with you to make sure your property meets the required safety standards to let responsibly, and we will oversee fire safety checks at properties that take up our property management services. However, to get you started, here is our landlord fire safety checklist:

●      Undertake annual fire safety assessments and make adjustments accordingly and in a timely manner.

●      Electrical safety inspections by a qualified person should be done every five years.

●      Portable appliance testing is recommended if electrical appliances are supplied with the property.

●      Gas safety checks should be undertaken before a tenant moves in, and annually thereafter.

●      Make sure you keep all fire safety certificates in a file.

●      Record dates and findings relating to all fire safety assessments and consequent actions.

●      Maintain a record of all communications relating to fire safety at your property - with letting agents, tenants, and authorities.

Chestertons is the premier London lettings and estate agency with more than 200 years’ experience and a team of experts offering a range of services from a full-time compliance department to property management, for both long- and short-term lets. If you would like to find out more about working with Chestertons contact your local Chestertons letting agent at any time.

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