As a landlord - Do our properties need a fire risk assessment?

Yes — if you are a landlord of any type of non single occupancy domestic premises (Anything other than a single occupied private dwelling), you almost certainly have fire safety duties under the Regulatory Reform (Fire Safety) Order 2005. And if you rent out residential properties that are houses in multiple occupation, or manage a block of flats, your fire safety obligations are equally significant and have been significantly strengthened in recent years.

For commercial landlords, the position is relatively straightforward. You are the responsible person for the common parts of any building you own — the entrance lobbies, stairwells, corridors, plant rooms and other areas that are not exclusively occupied by a tenant. Each tenant is the responsible person for their own occupied area. As landlord, you must ensure that a fire risk assessment is carried out for the common parts, that any required fire safety measures are implemented and maintained, and that fire safety information is shared with tenants.

For residential landlords, the requirements depend on the type of property. Private rented houses that are occupied by a single household do not fall within the scope of the Fire Safety Order, although other legislation — including the requirement to install working smoke alarms — still applies. However, houses in multiple occupation — properties occupied by three or more people forming more than one household — do fall within the Fire Safety Order, and a fire risk assessment is required.

Blocks of flats are also covered by the Fire Safety Order in respect of their common parts. The Fire Safety Act 2021 clarified that the Fire Safety Order applies to the structure, external walls and flat entrance doors of multi-occupied residential buildings, closing a previous ambiguity in the law. This means that landlords and managing agents of blocks of flats now have clearer and more extensive fire safety duties.

For higher-risk residential buildings — those with at least seven storeys or 18 metres in height — the Building Safety Act 2022 imposes further enhanced duties including mandatory registration, a duty to prepare a safety case report, and higher standards of resident engagement and information.

LESH has extensive experience in carrying out fire risk assessments for both commercial and residential premises, and can help you understand and fulfil your fire safety obligations across your property types. If you manage multiple properties, we can develop an efficient programme for assessing all of them.