Fire Safety advice for Landlords in Houses of Multiple Occupation

If you're a Landlord of a House in Multiple Occupation (HIMO), you may have some serious fire safety responsibilities, as shown by the prosecution laid out at the end of this article. This article is provides some simple advice on what to do to be fire safety complaint and to keep out of court.

What should you do?
 
Step 1
First of all, gain a good understanding of the fire safety needs of the premises by conducting a Fire Safety Risk Assessment, or by having one carried out for you. We can help you with this if you are not sure what to do (see later). Ensure that the Fire Risk Assessment for your premises also contains a simple and suitable Fire Safety Improvement Plan.

Step 2
Read the report and carry out the recommendations. Sometimes there are alternatives to the actions presented, but "doing nothing" is not a sensible option. Prioritise the recommendations and make improvements in a sensible manner.

• Fire compartmentation is essential, but can be expensive.
• Fire doors (with smoke seals) are effective at stopping the spread of fire and smoke.
• Keeping escape routes clear of obstructions does not cost much.
• Fire signage is relatively simple and cheap to put right.
• Maintenance of existing systems is simple and effective.
• Determining the actions that should be taken in the event of a fire requires consideration of the premises, the residents, and rescue service policies.
• Providing residents with a fire safety action plan can be an effective way to avoid confusion.

Step 3
Keep the property and the fire safety precautions in a good and serviceable condition. Ensure that the fire detection and fire alarm system and fire fighting equipment and emergency lighting are serviced and maintained.

Step 4
Keep the premises under review. Visit premises at regular intervals and ensure that standards are not deteriorating. Liaise with residents and involve them, particularly if they have a say in how money (such as service charge) is spent.

Step 5
Don't end up in court, like the cases below. Contact us through our website.

Details of two recent prosecutions of Landlords

A landlord has received a suspended sentence following various failures. Following a fire in March 2009 it has been reported that the landlord who owned a house of multiple occupation (or HMO) has received a 6-month suspended prison sentence and been ordered to pay £10,000 in costs. Following the blaze, fire safety investigators found several breaches of Fire Safety Legislation (the Regulatory Reform (Fire Safety) Order 2005) at the building. These breaches included not having suitable fire doors installed and not conducting a sufficient fire safety risk assessment.

Steve Turek (the assistant commissioner for fire safety regulation at the London Fire Brigade) commented:

"This verdict sends out a clear message that if landlords ignore fire safety then they will face serious penalties. [The Landlord] was given plenty of time to improve fire safety inside the property but failed to comply. The London Fire Brigade works hard to make companies and individuals understand their responsibilities under fire safety law and only uses prosecution as a last resort."

In the second case, a Lytham landlord who owned seven properties that were sub-divided into flats in St Annes pleaded guilty to 13 fire safety offences across the seven properties. He has been given a six-month suspended prison sentence and a six-month night-time curfew.

Following a fire at one of his properties (in December 2010), fire safety officers found evidence of several serious breaches of the Regulatory Reform (Fire Safety) Order 2005 (RRO). Offences included: inadequate fire risk assessments; defective fire alarms; fire alarm systems that were switched off; lack of inspection, test and maintenance of fire safety equipment (such as fire extinguishers; fire alarm systems and emergency lighting); accumulation of obstructions and combustible materials on escape routes as well as inadequate fire separation (compartmentisation).

Enforcement notices were issued for all seven premises and these were followed up and extended on two occasions. It is understood that none of these were adequately complied with by the completion date.  In two cases prohibition notices were also issued to prevent use of the buildings, but the conditions set out in these notices were also breached.

In August 2012, the Landlord (who no longer owns any of the premises) pleaded guilty to 13 offences under the RRO:

• two counts of failure to comply with an enforcement notice
• seven counts of failure to make a suitable and sufficient fire risk assessment
• two counts of failure to comply with a prohibition notice
• one count of failure to provide a suitable system of maintenance
• one count of failure to ensure routes to emergency exits were kept clear.

He was sentenced in October at Preston Crown Court for the 13 counts to a prison sentence of six months, suspended for 18 months, and is subject to a six-month curfew between 7pm and 7am. He was ordered to contribute £200 towards costs.

Contact us if you need help with your fire safety risk assessment.