Fire Safety

Fire Safety   

Unless the rented accommodation is a House in Multiple Occupation (HMO) there are no specific fire regulations for residential tenanted properties in England and Wales.  However, regulations do now apply to furniture and furnishings and fire alarms.

Landlords are under a common law duty to ensure that the property they provide is safe.  All residential properties in England and Wales should comply with building regulations on aspects such as:

• Means of emergency escape, particularly where sleeping accommodation is provided on 2nd and 3rd floors
• Fire doors and emergency exits, passages and escape routes
• Fire alarms and fire extinguishers

Local Building Inspectors and Fire Prevention Officers will advise landlords on these aspects.

As a minimum, landlords should remove potentially dangerous appliances and heaters and fit smoke alarms. A fire extinguisher and kitchen fire blanket might also be a wise precaution. 

Again, there is no requirement for this, but an annual safety check (risk assessment) is a wise precaution for any landlord or agent. Documenting this on an annual basis will provide adequate evidence of due diligence on the landlord's or agent's part in the event of an incident.  

The building regulations require that all properties built after June 1992 must have a mains operated inter-connected smoke alarm fitted on every level of the property. 

Older properties do not have to comply but landlords would be well advised to provide at least battery operated smoke alarms in the property. 

It is important to determine who is responsible for testing and maintaining the smoke alarms - the landlord, agent or tenant. If the agent is to be responsible, this should be noted in the management contract. If the tenant is to be made responsible for this then adequate warnings must be given in writing. 

Documents such as the tenancy agreement, the inventory and the appliance operating instruction and emergency procedures information pack given to tenants, should mention the responsibility of the tenant to test and replace batteries in smoke alarms when fitted.  

There is no compulsory requirement to provide fire extinguishers or fire blankets in normal tenanted properties, but again, this may be a wise precaution, at least in the kitchen area. 

Having made the decision to provide fire extinguishers though, the landlord or agent should then arrange for a 12 monthly service.

In the event of a tenant complaint or an incident the defence of "due diligence" may be accepted where it can be shown that the landlord or agent took all reasonable steps to avoid committing an offence - you will need documentary evidence of this.