House in Multiple Occupation (HMO) management carries distinct legal duties that exceed standard buy-to-let requirements. Since multiple occupants live independently within a single structure, the potential fire hazards are significantly elevated. UK regulations enforce strict controls to mitigate these risks and ensure tenant safety. Professionals must grasp these obligations to maintain compliance and protect lives.
This guide explains your core obligations, what the law expects, and how you can ensure your property is safe and legally compliant.
The Legal Framework for HMOs
The primary legislation governing fire safety in HMOs in England and Wales is the Regulatory Reform (Fire Safety) Order 2005 (RRO). While the Housing Act 2004 sets out the licensing standards for HMOs, the RRO dictates how you manage fire safety within the building.
Under the RRO, the "Responsible Person" is usually the landlord or the managing agent. This person has a legal duty to ensure a fire risk assessment is carried out and that appropriate fire safety measures are in place. You must consider the safety of all "relevant persons," which includes your tenants, visitors, and contractors.
It is important to note that if your HMO is over three storeys high and occupied by five or more people, it requires a mandatory licence from the local council. As part of this licensing process, the council will require evidence that you have complied with fire safety standards, usually via an up-to-date risk assessment.
What is a Fire Risk Assessment?
A fire risk assessment is a structured review of your property to identify fire hazards and determine who is at risk. It is not a one-off tick-box exercise but a continuous process of review and maintenance. For an HMO, the assessment must be specific to the layout and the occupants.
The assessment should address several key areas:
- Identify Hazards: Look for sources of ignition (like cookers), sources of fuel (such as soft furnishings), and sources of oxygen (the air).
- Identify People at Risk: Consider tenants, particularly those who may need assistance in evacuating, such as those with disabilities or children.
- Evaluate, Remove, and Reduce Risks: Assess the likelihood of a fire starting and its potential impact. Implement measures to reduce these risks where possible.
- Record, Plan, and Train: Keep a written record of the findings (if you employ 5 or more people, though best practice dictates always doing so for HMOs), create an emergency plan, and inform tenants of the procedures.
- Review: Update the assessment regularly or whenever there is a significant change to the property, such as a change in occupancy or structural alterations.
Specific Fire Safety Measures for HMOs
The findings of your risk assessment will dictate the specific fire safety measures required. While every property is different, there are common standards expected in HMOs to ensure a safe escape route.
Fire Detection and Warning Systems
You must have an adequate fire detection system. For most HMOs, this involves mains-powered interlinked smoke alarms. In larger or higher-risk properties, a full fire alarm system with manual call points and heat detectors in kitchens may be necessary. All alarms must be regularly tested and maintained.
Escape Routes
The primary escape route must be protected. This usually means installing fire doors to separate the escape route (usually the hallway and stairs) from the accommodation rooms. Fire doors should be FD30 rated (providing at least 30 minutes of fire resistance) and fitted with intumescent strips and cold smoke seals. They must be fitted with self-closing devices to ensure they remain shut when not in use.
Emergency Lighting
If the HMO is large or the escape route is complex, emergency lighting is required to illuminate the path to safety in the event of a power failure. This ensures tenants can exit the building safely even if the main lights go out during a fire.
Fire Fighting Equipment
While fire extinguishers and fire blankets are common, their necessity and type depend on the risk assessment. For example, a fire blanket is typically required in the kitchen of a shared house. Any equipment provided must be serviced annually.
The Role of the Responsible Person
As the Responsible Person, you cannot delegate your legal liability, though you can appoint competent professionals to help you fulfil your duties. You must ensure that anyone you employ to assist with fire safety—such as a fire risk assessor—is competent and has the necessary skills, knowledge, and experience.
If you share the building with other businesses or landlords, you must coordinate your fire safety plans with them. You must also provide your tenants with clear information on the risks to them and the fire safety procedures in place. This includes showing them how to test alarms and explaining the escape routes upon moving in.
Penalties for Non-Compliance
Failing to comply with the RMO and other relevant fire safety legislation is a criminal offence. The Fire and Rescue Service have the power to inspect your property at any reasonable time. If they find serious breaches, they can issue an Enforcement Notice requiring you to make specific changes within a set timeframe.
In severe cases, where there is a risk to life, they can issue a Prohibition Notice, which may restrict or close the property until the issues are resolved. Landlords can face unlimited fines and imprisonment for breaches of fire safety law. Furthermore, failing to have a valid fire risk assessment can invalidate your HMO licence, leading to rent repayment orders and fines.
Professional Help for HMO Compliance
Given the complexities of HMO legislation and the severe consequences of getting it wrong, many landlords choose to outsource their fire safety compliance. A professional assessment ensures that you meet the standards set out in British Standards and HSE guidance, giving you peace of mind that your tenants are safe.
At HawkSwift Ltd, we specialise in helping landlords navigate these requirements. Our NEBOSH-qualified assessors provide thorough, practical, and legally compliant assessments tailored to your specific property.
We offer fire risk assessments from £199 + VAT, with reports delivered within 48 hours. We strip away the jargon to give you a clear, actionable plan. To ensure your HMO is compliant and safe, book a fire risk assessment with HawkSwift today.
Quick answers
Q: Who is responsible for fire safety in an HMO?
The landlord or managing agent is designated as the "Responsible Person" under the Regulatory Reform (Fire Safety) Order 2005. They have a legal duty to ensure a fire risk assessment is carried out and that appropriate fire safety measures are in place.
Q: What legislation governs fire safety in HMOs in England and Wales?
The primary legislation is the Regulatory Reform (Fire Safety) Order 2005 (RRO). This law dictates how fire safety must be managed within the building.
Q: What does a fire risk assessment for an HMO involve?
It is a structured review to identify fire hazards, determine who is at risk, and evaluate measures to remove or reduce those risks. The findings must be recorded, an emergency plan created, and the assessment regularly reviewed.
