Fire safety duties for landlords of residential properties

As a landlord of residential property, you have specific fire safety duties to protect your tenants. These duties vary with the type of property you let. A single let (a house or flat let to one household) brings smoke and carbon monoxide alarm duties and furniture fire safety. An HMO adds further requirements, including a fire risk assessment. In a block of flats, the Fire Safety Order applies to the common parts, with fire door checks and information for residents.

Failure to comply with fire safety duties can result in unlimited fines, up to 2 years imprisonment, and civil penalties. Since the Grenfell Tower fire, fire safety enforcement has intensified significantly.

When are you the responsible person?

Under the Regulatory Reform (Fire Safety) Order 2005, the responsible person has legal duties for fire safety. As a landlord, you are the responsible person for:

• Common parts of multi-occupied buildings (corridors, stairways, entrance halls)
• External walls and structure of blocks of flats (clarified by Fire Safety Act 2021)
• HMO common parts (kitchens, bathrooms, hallways shared by multiple households)

You are not the responsible person for the interior of a tenant's individual flat (unless it is an HMO with shared facilities).

Smoke and carbon monoxide alarms (all rented properties)

Since 1 October 2022, the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 require landlords of all rented residential properties in England to:

• fit at least one smoke alarm on each storey where there is a room used wholly or partly as living accommodation
• fit a carbon monoxide alarm in any room with a fixed combustion appliance (excluding gas cookers)
• make sure the alarms are in proper working order on the day a new tenancy begins
• repair or replace alarms that tenants report as faulty (tenants are responsible for testing them regularly during the tenancy)

A breach can bring a civil penalty of up to £5,000.

What counts as a fixed combustion appliance?

Carbon monoxide alarms are required in rooms containing:

• Gas boilers or gas fires
• Oil-fired boilers
• Wood-burning stoves or open fires
• Solid fuel appliances

Gas cookers are specifically excluded from the CO alarm requirement, though installing one in kitchens is good practice.

Alarm specifications

Alarms must comply with British Standards:

• smoke alarms to BS EN 14604:2005 (optical or ionisation types)
• carbon monoxide alarms to BS EN 50291-1:2018

Battery-powered alarms are acceptable, but mains-powered with battery backup provide greater reliability. Sealed long-life battery alarms (10-year life) are a practical option for rental properties.

Fire risk assessments for landlords

Whether you need a fire risk assessment depends on your property type:

• For a single-let house, you do not need one, because the Fire Safety Order does not apply to private dwellings.
• For a single-let flat in a block, you need one for the common parts if you are the freeholder or control them.
• For any HMO, you need one covering all common parts, and for a licensable HMO it is a mandatory licensing condition.

Houses in Multiple Occupation (HMOs)

HMOs have the highest fire safety requirements for residential landlords. An HMO is a property occupied by 3 or more people forming 2 or more households, who share facilities such as a kitchen or bathroom.

Mandatory HMO licensing

You must have an HMO licence if the property:

• Has 5 or more occupants
• Forms 2 or more separate households
• Has shared toilet, bathroom, or kitchen facilities

Some local authorities have additional licensing schemes covering smaller HMOs. Check with your local council.

Fire safety requirements for HMOs

Licensing conditions and LACORS guidance typically require:

• a written fire risk assessment covering all common parts
• a Grade A, B, C or D interlinked fire alarm system, depending on risk
• emergency lighting on escape routes where natural lighting is inadequate
• FD30 fire doors (30-minute fire resistance) to all habitable rooms, and clear escape routes with self-closing fire doors
• a fire blanket in the shared kitchen and a fire extinguisher on each floor (usually 2kg dry powder or 6 litre water)
• fire action notices in conspicuous positions
• weekly alarm tests, monthly emergency lighting tests and annual professional servicing

Fire alarm grades for HMOs

The appropriate fire alarm grade depends on the size and layout of the HMO:

Grade D, the minimum for most HMOs, means interlinked mains-powered smoke or heat detectors with battery backup on every floor and in escape routes. Large or high-risk HMOs need Grade A: a full fire alarm control panel with networked detectors, manual call points and sounders. Category LD2 coverage puts detectors in escape routes and high-risk rooms, with heat detectors in kitchens. All alarms must be interlinked so that when one activates, all sound.

Fire door requirements for HMOs

Fit FD30 fire doors with self-closing devices, intumescent strips and smoke seals to habitable rooms opening onto escape routes. Do not wedge fire doors open or allow tenants to do so, unless they have approved automatic hold-open devices linked to the fire alarm.

Blocks of flats - landlord duties

If you own the freehold or have control of common parts in a block of flats, the Fire Safety Order 2005 and Fire Safety Act 2021 apply to you.

Fire risk assessment for blocks of flats

Your fire risk assessment must cover:

• common parts: corridors, stairways, entrance halls, bin stores
• building structure: walls, floors, compartmentation
• external walls: cladding, balconies, windows (Fire Safety Act 2021 clarification)
• flat entrance doors between flats and common parts

For complex buildings or those with cladding, you should appoint a competent fire risk assessor. Simple low-rise blocks may be suitable for landlord self-assessment using GOV.UK guidance.

Taller buildings

In buildings above 11 metres, the Fire Safety (England) Regulations 2022 also require quarterly checks of fire doors in communal areas. Buildings of 18 metres or 7 storeys and above have further duties under the same regulations, including a secure information box, wayfinding signage and fire safety information for residents.

Providing information to residents

Under Regulation 6 of the Fire Safety (England) Regulations 2022, you must provide residents with:

• Fire safety measures in the building (alarms, fire doors, escape routes)
• What to do in case of fire (stay put policy or simultaneous evacuation)
• How fire doors work and why they must not be propped open
• Name and contact details of the responsible person
• How to report fire safety concerns

For buildings 18m+, residents can request information about the fire risk assessment and external wall system.

Single-let properties with shared areas

If you let a flat in a building where you control the common parts (such as a converted house with multiple flats), you are the responsible person for those common areas.

Minimum fire safety measures for common parts typically include:

• Fire risk assessment (recorded in writing)
• Clear escape routes with emergency lighting where needed
• Fire doors between flats and common parts
• Smoke detection in common areas (heat detectors near kitchens)
• Fire extinguisher in common hallway (recommended)

The specific requirements depend on your fire risk assessment findings. A converted Victorian house with shared hallway has different risks from a purpose-built block.

Furniture fire safety regulations

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 apply to landlords who provide furnished accommodation. You must ensure that any upholstered furniture supplied meets fire resistance standards.

The rules cover sofas, armchairs, beds, mattresses, headboards, cushions, pillows, seat pads, futons and sofa beds. They do not cover carpets, curtains, bedding (duvets, blankets and sheets) or loose covers sold separately. Items made after 1 March 1990 should comply; older items may not. Supplying non-compliant furniture is a criminal offence, punishable by an unlimited fine, up to 6 months' imprisonment, or both.

Checking furniture compliance

Look for the permanent compliance label, which states:

• "CARELESSNESS CAUSES FIRE" or similar warning
• Reference to the Furniture and Furnishings (Fire) (Safety) Regulations
• Details of filling materials and fire resistance

If furniture has no label or the label is illegible, treat it as non-compliant and remove it before letting the property. Second-hand furniture must also comply - buying from charity shops or auction houses does not exempt you from these requirements.

Penalties for non-compliance

Fire safety breaches can result in serious consequences:

Action plan for landlord fire safety compliance