HMO Fire Risk Assessment Duties

If you own or manage a House in Multiple Occupation (HMO), the fire safety requirements are stricter than for a standard single-family home. Because HMOs house multiple unrelated people, the risk of fire spreading and the difficulty of evacuation increase significantly. Under UK law, the Responsible Person must ensure the property is safe and that a suitable fire risk assessment is in place.

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). This order applies to all common areas of HMOs, such as hallways, stairwells, and shared kitchens. It does not generally apply to individual private rooms, which are subject to housing standards enforced by local authorities, but the safety of the entire building is interconnected.

Under the RRO, the Responsible Person—usually the landlord or managing agent—has a legal duty to take reasonable steps to reduce the risk of fire and ensure safe escape. This duty is reinforced by the Health and Safety at Work etc. Act 1974 (HSWA) and the Management of Health and Safety at Work Regulations 1999 (MHSWR), which require a systematic approach to managing risks, including fire.

Who is the Responsible Person?

In most HMO scenarios, the landlord is the Responsible Person. If you have hired a managing agent, you may share this duty, but ultimate responsibility often remains with the landlord. The Responsible Person must ensure that a fire risk assessment is carried out by a competent person.

Competence is defined by the HSE as having the necessary skills, knowledge, and experience to perform the task safely and effectively. While a landlord can attempt this themselves, the complexity of HMO layouts and the specific requirements of the RRO often mean that professional assistance is required to ensure full compliance.

Conducting the Fire Risk Assessment

A fire risk assessment for an HMO must be a thorough and practical review of the property. It should follow the methodology outlined in standards such as PAS 79 (now largely superseded by BS 9999 and BS 9991 in guidance, but the principles remain) and relevant British Standards. The assessment must identify fire hazards and determine who is at risk.

The assessment must evaluate:

• Fire detection and warning systems: Are smoke and heat alarms adequate, interlinked, and positioned correctly?
• Escape routes: Are corridors clear, protected by fire doors, and leading to a final exit?
• Fire fighting equipment: Are fire extinguishers and fire blankets provided and accessible?
• Signage and lighting: Is emergency lighting installed and are fire safety signs visible?

If the HMO is over three storeys high or houses a significant number of occupants, the requirements become more stringent, often requiring a higher specification of fire alarm systems and more robust fire doors.

Specific Hazards in HMOs

HMOs present specific risks that differ from family homes. The primary hazards include cooking facilities in individual flats or bedsits, which are high-risk areas. Electrical appliances provided by the landlord must be safe to use, and electrical installation condition reports (EICRs) are a mandatory part of the overall safety picture.

Another major issue is the potential for obstruction. Tenants may store personal belongings in hallways or stairwells, which can impede escape. The Responsible Person must implement rules and conduct regular checks to ensure escape routes remain clear at all times.

The Role of Fire Doors

Fire doors are a critical control measure in HMOs. They are designed to hold back fire and smoke for a specified period, usually 30 minutes (FD30), allowing occupants time to escape. Under the RRO, the Responsible Person must ensure that fire doors are installed correctly in high-risk areas, such as kitchens and boiler rooms, and to protect escape routes.

Regular maintenance is essential. Self-closing devices must work, and doors must not be wedged open. The Fire Safety (England) Regulations 2022 introduced new duties for responsible persons in multi-occupied residential buildings, including checking fire doors annually for flats with communal areas, reinforcing the need for diligent maintenance.

Review and Record Keeping

A fire risk assessment is not a one-time task. It must be reviewed regularly to ensure it remains up to date. Reviews are necessary if there is a significant change to the premises, such as structural alterations, a change in use, or an increase in the number of occupants.

Under the RRO, if you employ five or more people, you must record the significant findings of the assessment. Even if you have fewer than five tenants, keeping a written record is best practice and is often required by local housing authorities during licensing inspections.

How HawkSwift Can Help

Complying with the RRO and ensuring the safety of your tenants can be complex. At HawkSwift, our NEBOSH-qualified assessors provide comprehensive fire risk assessments tailored to HMOs. We offer clear, practical reports delivered within 48 hours, starting from £199 + VAT. To ensure your property meets legal standards and your tenants are safe, book a fire risk assessment with us today.

*This article is for general guidance only and does not constitute formal legal advice.*