HMO Fire Safety: Who is Responsible for What?

In a House in Multiple Occupation (HMO), the fire safety law (Regulatory Reform (Fire Safety) Order 2005) applies to the communal areas and the building structure, not to the interior of individual tenant rooms. This means responsibilities are split between the landlord (or managing agent) and the tenants, and both must cooperate.

What the Landlord is Responsible For

• Communal areas: corridors, stairways, hallways, lobbies, shared kitchens/bathrooms, communal lounges
• Communal fire safety systems: alarms, emergency lighting, fire extinguishers in communal areas
• Building structure: external walls, roof, party walls between units
• Fire doors in communal areas and between tenanted spaces and communal areas
• Flat entrance doors (doors between a tenant’s room and the communal area)
• Carrying out and recording the fire risk assessment for communal areas
• Maintaining fire safety measures and keeping records
• Providing residents with information about fire safety and evacuation procedures (since Oct 2023, Building Safety Act requirement)

What Tenants are Responsible For (Generally)

• Interior of their own room: electrical safety, not overloading sockets, not blocking their door, no candles or naked flames
• Not obstructing communal escapes (corridors, stairs)
• Participating in fire drills and evacuation procedures
• Raising concerns about fire safety with the landlord/managing agent

Shared Responsibility

• Fire alarm testing and battery replacement (landlord provides; may be tenant’s role to test their own detector if in room)
• Emergency drills and evacuation rehearsal (landlord organises; tenants participate)
• Keeping communal doors closed (both parties should ensure this)
• Maintaining escape routes clear (landlord should enforce; tenants must comply)

Fire Door Checks in HMOs: Quarterly and Annual Requirements

Since October 2022, the Fire Safety (England) Regulations 2022 set specific door check frequencies for multi-occupied residential buildings over 11 metres (roughly 3-4 storeys).

Quarterly Checks (Every 3 Months)

Communal fire doors must be checked quarterly. These include:

• Fire doors in communal corridors or stairways
• Doors to plant rooms, stores, or service areas that open onto communal spaces
• Doors that separate the communal escape route from occupied areas

The check should verify:

• Door is physically present and not missing
• Door is not damaged, warped, trimmed, or burnt
• Door closes properly and latches
• Self-closing device is functioning (door closes automatically when released)
• Gaps around the door are consistent (roughly 3mm all around)
• Seals appear intact (intumescent and smoke seals)
• Signage “Fire door keep shut” is visible and legible

Annual Checks (Once a Year)

Flat entrance doors (doors between a tenant’s room and the communal area) must be checked annually. The same criteria apply as quarterly checks.

Who Performs the Checks?

The landlord or managing agent is responsible for arranging and recording these checks. Under Article 18 of the Fire Safety Order 2005, anyone performing fire door inspections must be a competent person, meaning they have sufficient training, experience, knowledge, and other qualities to properly undertake the task. This could be someone trained internally, or a qualified fire door specialist commissioned for the purpose. Keeping records of who performed the checks and their findings is essential to evidence compliance. The records demonstrate that you have performed required checks and maintained fire doors as legally required; actual compliance comes from doing these activities, not just recording them.

Common HMO Fire Safety Disputes and Solutions

Dispute 1: “Tenant Won’t Keep Their Door Closed”

Issue: A tenant props open their flat entrance door for ventilation, to hear friends in the corridor, or to keep it open. This breaks the compartmentation and allows fire/smoke to spread.

Solution: Include in the tenancy agreement that flat entrance doors must be kept closed. Ensure the door has proper ventilation (letter plate, door grille) so the tenant doesn’t need to prop it. Use a door closer that is firm enough to close the door even if propped slightly. Brief the tenant on why fire doors must be closed. If behaviour continues, treat it as a breach of tenancy and take action (warning, rent reduction, eviction).

Dispute 2: “We Need to Leave the Fire Door Open for Wheelchair Access”

Issue: A tenant with mobility issues needs to keep their door open for wheelchair access. Fire door closers make this difficult.

Solution: Install a door closer with adjustable opening force so it’s easier to open but still closes reliably. Consider installing a hold-open device that can be released if an alarm sounds. Never remove the closer entirely. Consult a fire door specialist on accessibility solutions. The building’s fire risk assessment should identify any tenants with access needs and make reasonable provisions.

Dispute 3: “Who Pays for Fire Door Repairs?”

Issue: A fire door is damaged. Is it the landlord’s responsibility or the tenant’s?

Solution: Doors in communal areas and flat entrance doors are the landlord’s responsibility to maintain. Normal wear and tear repairs (closer adjustment, seal replacement, hinge tightening) are landlord costs. Tenant-caused damage (dents, holes, locks removed by tenant) may be charged to the tenant, but the landlord must still repair it promptly to maintain compliance. Make this clear in the tenancy agreement.

Dispute 4: “Fire Authority Said to Check Doors Quarterly; We’ve Never Done This”

Issue: Fire authority inspection identified that fire door checks have not been performed as required.

Solution: Begin checks immediately. Carry out a baseline inspection of all fire doors, document any defects, and prioritise repairs. Establish a schedule going forward (quarterly for communal doors, annually for flat entrances if 11m+). Record all checks. Notify the fire authority of the remedial plan. Failure to check and maintain fire doors is a breach of fire safety law and can result in enforcement action.

Coordination Template: Landlord and Tenant Fire Safety Agreement

Consider providing this template to tenants to clarify responsibilities and expectations:

FIRE SAFETY RESPONSIBILITIES IN THIS HMO

Landlord will:

• Carry out a fire risk assessment of communal areas annually
• Maintain smoke alarms in communal areas; replace batteries yearly
• Inspect and maintain fire doors (quarterly if 11m+; at least annually otherwise)
• Keep communal escape routes clear and well-lit
• Hold emergency evacuation drills [specify frequency]
• Provide fire safety information to residents
• Respond to fire safety concerns within [X days]
• Keep records of all fire safety activities

Tenant will:

• Keep flat entrance door closed at all times (not propped open)
• Keep personal electrical appliances in safe working condition
• Not obstruct communal corridors, stairs, or exits with items or furniture
• Not disable or cover smoke alarms
• Report fire safety concerns to the landlord immediately
• Participate in fire drills and evacuation rehearsals
• Comply with house rules on smoking, candles, and other fire hazards
• Allow landlord/managing agent access to inspect fire safety measures

Both will cooperate on:

• Keeping escape routes clear and accessible
• Reporting any damage to fire doors or safety systems
• Responding to fire alarms or drill calls promptly
• Sharing information with the building fire authority if contacted

Sample Tenant Communication Letter

Subject: Important Information About Fire Safety in This Building

Dear [Tenant Name],

Fire safety is essential in our building. This letter explains how we manage fire safety and what we expect from you.

Fire Safety Measures in This Building:

• Smoke alarms in communal areas and your bedroom door area
• Emergency lighting in corridors and stairways
• Fire doors on your flat entrance and in communal areas (must stay closed)
• Two escape routes (front stairs and [rear exit/window])
• Clear escape routes must be maintained at all times

What We Do:

• We test alarms and check fire doors regularly
• We keep escape routes clear and well-lit
• We hold fire drills [frequency] to ensure everyone knows how to evacuate
• We respond to all fire safety concerns immediately

What We Ask of You:

• Keep your flat entrance door closed at all times
• Do not block corridors or stairs with items or furniture
• Report any damage to doors, alarms, or lighting immediately
• Participate in fire drills when held
• If you see a fire hazard (blocked escape route, damaged door), contact us right away

What to Do if a Fire is Suspected:

• Raise the alarm by shouting “Fire!”
• Use the nearest safe exit (see plan attached)
• Close doors behind you as you leave
• Meet at the assembly point: [location]
• Call the Fire Service on 999
• Do not attempt to fight the fire or re-enter the building

If you have any questions about fire safety or notice a concern, please contact us immediately.

Regards, [Landlord/Managing Agent Name]

Record-Keeping Checklist

Keep the following records and make them available to the fire authority if requested:

• Fire risk assessment (the main document)
• Fire door inspection records (dates, findings, actions taken)
• Smoke alarm test records
• Emergency lighting test records
• Fire drill attendance and outcomes
• Maintenance and repair records
• Incident reports or fire authority communications
• Resident information provided (letters, signs, evacuation plans)

October 2023 Changes: What This Means for HMOs

The Building Safety Act 2022 came into force on 1 October 2023 and made three key changes affecting HMO landlords:

1. Full Recording Requirement

All fire risk assessments must be recorded in full, whatever the size of the building or number of tenants. There is no longer a threshold (e.g. “only if 5+ tenants”). Every HMO fire risk assessment must be documented in detail.

2. Cooperation in Shared Buildings

If an HMO is part of a larger building (e.g. a small HMO in a converted house with private flats above or beside it), the landlords must identify each other, exchange information, and cooperate on fire safety arrangements. One landlord cannot unilaterally decide to block an escape route or disable shared alarms.

3. Resident Information (Higher-Rise)

In buildings over 11 metres (roughly 3-4 storeys), residents must be given information about fire safety risks and the measures in place. A simple letter or notice is sufficient; this should explain alarms, doors, escapes, and what to do in a fire.

When to Seek Professional Help

If you are unsure about fire safety responsibilities in your HMO, or if the fire authority has raised concerns, consult a fire risk assessor or fire safety specialist. They can assess the building, clarify responsibilities, and provide a formal report and action plan. Daedon provides HMO fire risk assessments and can help landlords understand their duties and resolve disputes with tenants or authorities.