Fire Safety Responsibilities: Commercial Landlords vs Tenants

When a commercial property is leased, determining who is legally responsible for fire safety can become complicated. Under the Regulatory Reform (Fire Safety) Order 2005 (RRO), the duty for fire safety falls on the Responsible Person. In a commercial tenancy, this is rarely just one party. Both landlords and tenants frequently share overlapping legal obligations depending on the degree of control each holds over the premises.

Understanding the division of these duties is essential for achieving compliance, protecting occupants, and avoiding severe penalties. This guide outlines the core fire safety responsibilities for commercial landlords and tenants under UK law.

Identifying the Responsible Person

Under the RRO, the Responsible Person is defined as the employer for their workplace, or the person who has control of the premises in connection with the carrying on of a trade, business, or undertaking. In multi-let commercial buildings, there is often more than one Responsible Person.

The allocation of responsibilities usually depends on the lease agreement. While a lease can assign specific maintenance and safety duties between a landlord and a tenant, it cannot override the statutory duties set out by the RRO. If a tenant occupies the entire building and holds full repairing and insuring (FRI) responsibilities, they typically assume the vast majority of fire safety duties. In multi-occupied buildings, the landlord or managing agent retains control over communal areas and structural fire safety.

Commercial Landlord Fire Safety Responsibilities

Commercial landlords are generally responsible for the structural integrity of the building and the safety of communal areas. Even if a lease places the burden of repairs on the tenant, the landlord retains legal duties regarding the parts of the building they control.

Key landlord responsibilities typically include:

• Common areas: Ensuring that shared corridors, stairwells, lobbies, and external escape routes are kept clear, safe, and adequately lit.
• Structural fire safety: Maintaining the fire integrity of the building, including fire doors in communal areas, fire-resistant walls, and structural compartmentation.
• Fire alarm systems: In multi-let buildings, the landlord is usually responsible for maintaining the communal fire detection and alarm system.
• Emergency lighting: Installing and maintaining emergency lighting in shared escape routes.
• Asbestos management: Managing asbestos in the non-domestic premises, as required under the Control of Asbestos Regulations 2012, which directly impacts structural fire safety and evacuation procedures.
• Common area risk assessments: Conducting a fire risk assessment for the communal areas of the building.

Landlords must also coordinate with tenants to ensure that any structural alterations or changes of use do not compromise the building's overall fire safety strategy.

Commercial Tenant Fire Safety Responsibilities

Tenants are responsible for the fire safety within their demised premises. Because the tenant has day-to-day control over their specific unit, they are legally classified as the Responsible Person for that occupied space.

A commercial tenant’s primary duties include:

• Conducting a fire risk assessment: Tenants must carry out and regularly review a suitable and sufficient fire risk assessment for their specific unit, as mandated by the RRO and supported by PAS 79 guidance.
• Means of escape: Ensuring that internal escape routes within their premises remain unobstructed and usable at all times.
• Fire equipment: Providing and maintaining appropriate fire-fighting equipment, such as portable fire extinguishers, within their unit.
• Staff training: Ensuring that all employees receive adequate fire safety induction and ongoing training, and that a clear fire evacuation plan is established and practised.
• Internal alterations: Ensuring that any fit-outs, partitioning, or electrical installations do not compromise existing fire compartmentation or trigger new fire hazards.

If a tenant alters the layout of their premises in a way that affects the building's shared fire systems, they must inform the landlord immediately to ensure overall compliance is maintained.

Shared Duties and Cooperation

Under the RRO, where there are multiple Responsible Persons in the same building, they have a legal duty to cooperate and coordinate with one another. This ensures that the overall fire safety strategy for the building functions correctly.

For example, if a tenant's operations introduce a new fire hazard that could affect the communal escape routes, they must notify the landlord. Similarly, if a landlord needs to take a communal fire alarm offline for maintenance, they must inform all tenants so they can implement temporary alternative safety measures.

Clear communication channels between landlords and tenants are vital. Lease agreements should clearly define who is responsible for specific fire safety tasks, such as testing communal alarms versus internal alarms, to prevent dangerous gaps in maintenance.

The Importance of a Documented Fire Risk Assessment

Whether you are a landlord responsible for a multi-let commercial block or a tenant managing your own business premises, a documented fire risk assessment is the cornerstone of legal compliance. Under the RRO, you must record the significant findings of your fire risk assessment if you employ five or more people, or if your premises are subject to licensing.

A thorough assessment identifies fire hazards, evaluates the risk to relevant persons, and details the necessary remedial actions. Attempting to navigate these overlapping responsibilities without professional guidance can leave both landlords and tenants exposed to significant legal and financial liabilities.

How HawkSwift Can Help

Navigating the division of fire safety duties between landlords and tenants requires a meticulous, objective approach. At HawkSwift Ltd, our NEBOSH-qualified assessors provide highly accurate, practical fire risk assessments tailored to your specific commercial premises. We help both landlords and tenants clarify their obligations and ensure full compliance with UK fire safety legislation.

With clear reporting delivered within 48 hours, and assessments starting from just £199 + VAT, we make compliance straightforward and cost-effective. To ensure your premises are legally compliant and genuinely safe, book a fire risk assessment with our expert team today.