Fire safety in blocks of flats can be complicated.
A landlord who owns one flat may assume that the building’s fire safety is entirely the responsibility of the freeholder, managing agent or management company.
In many cases, those parties will control the common parts. But that does not mean leasehold landlords can ignore the issue.
If you let a flat, you need to understand how fire safety responsibilities are divided between your own flat, the flat entrance door, the common areas and the wider building.
The key message is simple: leasehold landlords may not control the whole building, but they should still understand the fire safety arrangements that affect their property and their tenant.
Why blocks of flats are different
A self-contained flat is only one part of a larger building.
The tenant may live entirely inside the flat, but in the event of a fire they may depend on:
- the flat entrance door;
- the communal hallway;
- the staircase;
- lighting in common areas;
- escape routes;
- fire detection systems;
- fire doors;
- compartmentation;
- building management;
- information given to residents.
That means fire safety is not just about what happens inside the flat.
The wider building matters.
The role of the responsible person
In blocks of flats, the responsible person for fire safety may be the freeholder, management company, managing agent or another person with control of the common parts.
The responsible person may have duties relating to:
- fire risk assessments;
- common parts;
- fire doors;
- escape routes;
- emergency lighting;
- fire safety information;
- maintenance records;
- communication with residents;
- cooperation with fire and rescue authorities.
A leasehold landlord should know who the responsible person is and how fire safety is being managed.
If the landlord does not know, they should ask.
Common parts
Common parts are often central to fire safety in blocks of flats.
These may include:
- entrance halls;
- corridors;
- staircases;
- landings;
- shared lobbies;
- bin stores;
- meter cupboards;
- plant rooms;
- communal lounges;
- external escape routes;
- shared doors;
- communal lighting.
These areas are usually outside the direct control of an individual flat landlord, but they can still affect the safety of the tenant.
If common areas are poorly managed, blocked or damaged, the risk can increase.
Fire risk assessments
A fire risk assessment should identify fire hazards and assess how those risks are being managed.
In a block of flats, it may consider:
- common areas;
- escape routes;
- fire doors;
- flat entrance doors;
- emergency lighting;
- fire detection and alarm systems where present;
- bin stores;
- electrical cupboards;
- external walls;
- management arrangements;
- resident information;
- maintenance procedures.
Leasehold landlords should ask whether a current fire risk assessment exists and whether any actions affect their flat.
They may not always receive the full document, but they should keep any summaries, notices or action requests provided by the managing agent or freeholder.
Flat entrance doors
A flat entrance door may be part of the building’s fire protection.
It can help to hold back fire and smoke and protect the communal escape route.
Landlords should not treat it as an ordinary decorative door.
Depending on the building, the door may need:
- appropriate fire resistance;
- a working self-closing device;
- suitable seals;
- correct hinges;
- suitable glazing where fitted;
- proper fitting into the frame;
- no unauthorised gaps or holes;
- approved ironmongery;
- to close fully and reliably.
If the door has been altered, damaged or replaced incorrectly, the building’s fire safety strategy may be affected.
Fire door checks
Fire door checks are now a much more visible part of residential building fire safety.
In some buildings, the responsible person must check communal fire doors regularly and use best endeavours to check flat entrance doors annually.
Leasehold landlords should cooperate with reasonable requests for access to inspect flat entrance doors.
They should also make sure tenants understand why access may be required.
If access is refused or appointments are missed, landlords should keep records of the attempts made.
Tenant alterations to doors
Tenants may not realise that changes to a flat entrance door can affect fire safety.
They may want to add:
- extra locks;
- chains;
- door viewers;
- cat flaps;
- letterboxes;
- decorative fittings;
- smart locks;
- security devices.
Landlords should make clear that tenants must not alter the flat entrance door without permission.
Any proposed alteration should be checked against the lease, freeholder rules and fire safety requirements.
Escape routes
Escape routes in blocks of flats must be kept usable.
Problems can arise when common areas are used for storage.
Items that may cause problems include:
- bicycles;
- prams;
- shoes;
- boxes;
- furniture;
- rubbish;
- plants;
- mobility scooters;
- electrical items;
- delivery parcels.
These items can obstruct escape routes and may add combustible material to the common parts.
Landlords should remind tenants to follow building rules and avoid storing belongings in communal areas unless expressly permitted.
Fire safety information for tenants
Tenants should know what to do if there is a fire.
In blocks of flats, the correct advice may depend on the building’s design and fire strategy.
Some buildings operate a stay-put strategy. Others may use simultaneous evacuation.
Landlords should not guess the correct approach.
They should pass on fire safety information supplied by the freeholder, managing agent or management company.
This may include:
- evacuation instructions;
- fire door information;
- alarm information;
- reporting procedures;
- rules for common areas;
- balcony restrictions;
- bin store instructions;
- emergency contact details.
Smoke and carbon monoxide alarms inside the flat
The leasehold landlord remains responsible for safety inside the let flat.
That includes ensuring smoke and carbon monoxide alarm requirements are met where applicable.
Landlords should check:
- smoke alarms;
- carbon monoxide alarms where required;
- alarm testing at the start of the tenancy;
- tenant reports of faulty alarms;
- replacement records;
- appliance and heating arrangements;
- written tenant guidance.
The fact that the wider block has fire safety arrangements does not remove the landlord’s responsibilities inside the flat.
Electrical and gas safety
Electrical and gas safety remain important fire safety issues.
Landlords should keep:
- electrical installation condition reports;
- gas safety records where gas is present;
- appliance safety information;
- repair records;
- contractor reports;
- evidence of remedial works.
In blocks of flats, there may also be communal electrical systems, risers, meter cupboards or plant rooms controlled by the freeholder or managing agent.
Landlords should keep any relevant building notices relating to those systems.
Cladding and external walls
External wall systems and cladding have become major fire safety issues.
Leasehold landlords should keep any information provided about:
- cladding;
- insulation;
- external wall assessments;
- balconies;
- remediation works;
- waking watch arrangements;
- fire alarm upgrades;
- building safety funding;
- service charge demands;
- insurance changes;
- lender requirements;
- sale or remortgage implications.
Even where the leasehold landlord does not control the external walls, the issue can affect the value, insurability, mortgageability and lettability of the flat.
Balconies
Balconies can create fire safety risks.
Tenants should understand any restrictions on:
- barbecues;
- smoking materials;
- gas cylinders;
- heaters;
- combustible storage;
- artificial grass;
- timber decking;
- furniture;
- plants or screens;
- items placed against the external wall.
Leasehold landlords should pass on balcony rules from the freeholder or managing agent and keep a record that this has been done.
Lease obligations
The lease may contain important fire safety obligations.
These may include restrictions on:
- alterations;
- replacing doors;
- flooring;
- storage in common parts;
- use of balconies;
- keeping hazardous materials;
- subletting;
- access for inspections;
- compliance with building regulations;
- compliance with managing agent rules.
Leasehold landlords should understand their lease before letting the flat.
If the tenant breaches lease obligations, the landlord may still face consequences from the freeholder.
Insurance issues
Fire safety can affect insurance.
This may include:
- buildings insurance arranged by the freeholder;
- landlord contents insurance;
- landlord liability cover;
- policy conditions;
- requirements around alarms;
- restrictions on occupation;
- disclosure of HMO use or short lets;
- external wall issues;
- claims conditions;
- compliance with fire safety rules.
Landlords should make sure the way the flat is let is consistent with the insurance position.
Communication with managing agents
Good communication with the managing agent can reduce risk.
Landlords should keep copies of:
- fire safety notices;
- inspection requests;
- fire door letters;
- external wall updates;
- evacuation strategy information;
- building safety reports;
- insurance notices;
- major works notices;
- service charge demands linked to fire safety;
- resident instructions;
- correspondence about access.
If the landlord lives away from the property, it is especially important that building safety communications are not missed.
Records landlords should keep
Leasehold landlords should keep a fire safety section in the property file.
This may include:
- tenancy fire safety information;
- smoke and carbon monoxide alarm records;
- electrical safety reports;
- gas safety records;
- flat entrance door correspondence;
- access requests for door checks;
- fire safety notices from the managing agent;
- common area rules;
- evacuation strategy information;
- cladding or external wall correspondence;
- insurance correspondence;
- tenant communications;
- inspection notes.
Good records may be important if there is a tenant complaint, insurance query, sale, remortgage or enforcement issue.
What landlords should ask the managing agent
Leasehold landlords may want to ask:
- who is the responsible person for fire safety?
- is there a current fire risk assessment?
- are there any outstanding fire safety actions?
- what is the building’s evacuation strategy?
- are flat entrance doors being checked?
- are communal fire doors being checked?
- are escape routes inspected?
- are there cladding or external wall concerns?
- are there balcony restrictions?
- what information should be given to tenants?
- are there any restrictions on letting or occupation?
The answers should be stored with the property file.
Why this matters under wider reform
Fire safety in residential buildings is now more closely scrutinised than in the past.
Flat entrance doors, common parts, external walls, resident information and building management are all part of the bigger picture.
For leasehold landlords, this means a flat cannot be treated in isolation.
The tenant lives in the flat, but safety depends partly on the wider building.
Common landlord mistakes
1. Assuming the flat is the only issue
The common parts and wider building can affect tenant safety.
2. Ignoring managing agent letters
Fire safety correspondence should be read and kept.
3. Allowing door alterations
Flat entrance doors may be part of the fire safety strategy.
4. Failing to pass information to tenants
Tenants should receive relevant fire safety instructions.
5. Not checking the lease
The lease may restrict alterations, storage, balconies and letting arrangements.
6. Forgetting access for inspections
Fire door checks may require access to the flat entrance door.
7. Keeping poor records
Without records, landlords may struggle to show they acted properly.
Practical checklist for landlords
Leasehold landlords should:
- identify who manages the common parts;
- confirm who the responsible person is;
- keep fire safety notices;
- pass relevant instructions to tenants;
- check the flat entrance door;
- prevent unauthorised door alterations;
- cooperate with fire door inspections;
- check smoke and carbon monoxide alarms;
- keep electrical and gas safety records;
- understand the building’s evacuation strategy;
- check balcony and common area rules;
- keep cladding and external wall correspondence;
- review lease obligations;
- check insurance requirements;
- store all fire safety documents in the property file.
The key takeaway
Fire safety duties in blocks of flats are shared across different parts of the building.
The freeholder, management company or managing agent may control the common areas, but leasehold landlords still need to understand how fire safety affects their own flat and tenant.
Flat entrance doors, escape routes, resident information, cladding, balconies, alarms, insurance and lease obligations can all matter.
The safest approach is to ask the right questions, pass information to tenants, cooperate with inspections and keep clear records.
NetRent does not provide legal advice. This article represents our understanding of rental property law at the time of writing.
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