Fire safety responsibilities
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you rent your home, your landlord has a general duty to keep your home fit for you to live in and to ensure that it doesn't endanger your health. This includes ensuring there are no fire hazards in your home. And if you live in a house in multiple occupation (HMO), your landlord has extra responsibilities.
What is an HMO?
You may be protected by fire safety laws if you live in a house in multiple occupation (HMO). It can be difficult to work out whether you live in an HMO. Contact an adviser in your area if you think you do but are not certain. An HMO could be:
- a hostel
- a house split into separate bedsits
- 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
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.
What does your landlord need to provide?
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.
What means of escape from fire should there be?
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.
What can I do if my landlord doesn't comply?
If you live in an HMO and you think your landlord is not fulfilling their responsibilities, contact your local council or Fire Service.
The council can:
- inspect the property to see if the landlord is complying with the law
- write to the landlord or managing agent, setting out what needs to be done
- serve a legal notice telling the landlord or manager that they must do certain things
- arrange to carry out any necessary repairs and then get the money back from the landlord.
In some circumstances, they may even prosecute the landlord.
Fire safety if you don't live in an HMO
If you don't live in an HMO, your landlord doesn't have to comply with any specific laws, but has a general duty to keep your home fit for you to live in.
If you don't think your rented accommodation is fire safe, your first step should always be to try negotiating with your landlord. They may be prepared to provide you with fire safety precautions, such as a smoke alarm, fire extinguisher, or carbon monoxide detector if you request them.
If the problem is caused by disrepair (for example, loose wiring or a faulty electrical heater) your landlord is probably responsible for getting the necessary repairs done.
Getting help from the council
If fire hazards in your home are endangering your health or cause a serious nuisance to your neighbours or the general public, the council's environmental health department may be able to help. If you rent from a private or housing association landlord, they can inspect your home and, if they agree with your complaint, they can order your landlord to put the problem right.
If you are a council tenant, this is not an option, but you may be able to apply to the magistrate's court for an abatement order instead. Contact a local advice centre if you want to do this. You will need help.
Fire safety and furnishings
Any upholstered furnishings provided by your landlord should be fire resistant. This applies to all landlords, including private landlords, HMO landlords and council 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 caravans
- garden furniture that's used indoors.
There should be a symbol on your furniture to state that it is fire resistant. If the furnishings in your home are not fire resistant and your landlord won't replace them, get in touch with your local trading standards office. They can take action against your landlord.
