New fire regulations for rented homes?

Do you know what this legislation is? You have two occupants so it's not a HMO, The question is do you as landlord have access to the common area as landlord if not previously the regulatory reform order (fire safety) doesn't apply.

Landlords have always had a obligation to make sure that any property they let is safe. Notwithstanding the recent legislation, the items you have listed do not seem unreasonable. My agency has long had a policy of making sure properties are safe with appropriate fire breaks and alarm systems.

The only think I'd challenge is daily inspections. Inspections should be proportionate. We do some block management, with communal hallways, and even there we do not have to inspect daily - this would be wholly impractical. We have a firm who test the fire safety system every month and provide a certificate.

You should have already had an EICR for the common areas.

You'd be best starting with a FRA and working from that. Not sure it's simply a Tory legacy, more to do with keeping people alive!

Found the legislation, and the guidance, from what I can see it doesn't necessarily apply to you.
I used to let shared houses, single tenancy 4 friends. No landlord access further than theFront door. The FS came round demanding similar, told them to go away, not an HMO. HMO declaration served. Fire service still told to go away. It's for the Council to enforce to lacors guidance. Council inspected multiple times and withdrew before tribunal but still they had to pay my costs
Your first step is to ask the Fire service for the guidance they are working to. If you the landlord have no access to the common areas then much of what they ask will fall away. If you do have access to the community areas amend your tenancy and then the it's the council responsible for fire safety to a different standard as the fire risk is much lower. I suspect the FS are mistaken as the legislation usually requires training for persons to operate the fire extinguishers. Which is not your responsibility

The fire brigade occasionally do random inspections like this, I've had two. I wouldn't panic but but you should check and get the right upgrades done.
On your conversion. Fire safety is very patchy in the UK. The two flat, common corridor layout should have proper fire doors, building fire alarm, fire exit keep clear. I think the rule is weekly inspection and alarm test by manager. I don't think you need an extinguisher but I supply them.

Like with the previous comment start with the FRA.
After Grenfell all the time these government guys have come alive. Even though it was a council block with so many issues.

A daily inspection could be done via a webcam. But still way over the top.

There has been so much publicity since 2022 how can you be “caught out “? As a PRS landlord, never mind a freeholder of a building converted into flats, you need to keep aware and up to date of all legislation and regulations.
A freeholder of a building split into flats has always been termed a Landlord and the Leaseholders, even if you haven’t registered them separately at HMLR and own both, Tenants. Just like you are the landlord of each flat rented to tenants.
Do you have lighting in the communal hallway? A 13amp socket? Who pays the electric bill for these? You as freeholder or does it get paid by one of the flats on their domestic electric bill? Where is the fuse box for this hallway lighting? If in the hallway you’ve needed an EICR for a few years now.
It is not so much the conversion was done a while back but the Fire Regulations which came into force in Jan and Oct 2023 as a result of the fire at Grenfall Tower.
ie Flat doors F30 or F60 and frames conforming to new fire regs, locks which cannot be locked with a key from the inside, door closure mechanisms; linked mains wired fire and smoke alarms from communal hallway to each flat, weekly testing (to be recorded), 6 monthly servicing, a nominated “responsible person”. Signage re what too do in event of a fire in the communal hallway. etc.
And an annual fire risk assessment which you can do yourself IF you think you are a “competent person” for the communal hallway.
It’s not a bad idea to do one for each flat and include in your tenants tenancy documentation.
Interestingly while it is sensible to have a fire extinguisher and fire blanket accessible in the kitchen, it is now not recommended to have a fire extinguisher in communal hallways. The reasoning behind this is for untrained tenants, whether rental tenants or leaseholders, is to vacate the building not to try and fight the fire.
https://www.gov.uk/government/news/new-fire-safety-guidance-comes-into-force-on-1-october-2023
https://assets.publishing.service.gov.uk/media/642575353d885d000fdadf20/A_guide_to_making_your_small_block_of_flats_safe_from_fire.pdf
https://www.london-fire.gov.uk/safety/property-management/changes-to-fire-safety-law-how-it-affects-you/

It is always difficult to comment meaningfully when all of the detail of the building and circumstances are not known. From what Stephen says it would appear that this is not an HMO. If the flats are accessed by a small lobby and staircase leading to the access landing, I assume the flats are at first floor level, so what is on the ground floor beneath them?
Moving past that it is obviously important to have adequate self-closing fire doors & frames at the entrance to each flat. These can be purchased by the landlord with intumescent strips in-situ, and fitted by a competent carpenter. It need not cost the earth. The fire safety advice for inside the flats can be found in the LACORS guide which is inspected against by the local authority under the Building Act.
Going back to the common area (lobby & staircase) there is a need for an emergency lighting unit connected into the relevant primary lighting circuit and again, any competent electrician can do this.
There is no need for fire extinguishers in this area, but I would recommend the provision of a fire blanket in each kitchen.
It seems to me that the fire warning system should come under BS: 5839: Part 6 (LACORS guidance needs tweaking) and need only consist of interconnected domestic smoke alarms fed from the main electrical supply with lithium battery back-up. These units have an indicator light to signify that they are working and I would have thought a monthly test is sufficient, including the unit in the common parts, (presumably on the staircase landing at first floor level). The Grenfell Enquiry served only to prove that there is a dearth of common sense thinking where fire safety is concerned.

Stephen,

It sounds like you converted what was once a domestic home into two homes without putting in a Building Control application. I would also guess, that you did not apply for planning permission for the conversion. This will cause you issues when selling, as you will only be allowed to sell as a domestic property, not flats.

Your property is considered an HMO as the fire safety provisions required under building control have never been put in place. You could refurbish both flats to comply with the building regulations and put in an application to that effect.

Otherwise, you will need to carry out the local fire authority requests.

I would suggest you employ professionals who can show they are competent with the current regulations to carry out a fire risk assessment and advise you on the works & materials to use.

Best of luck,

Kat

From ChatGPT app: The regulatory changes you've encountered can indeed be quite daunting, especially when unexpected. Here’s a comprehensive approach to address the issues and ensure compliance:

### Understanding the Requirements

The Fire Safety (England) Regulations 2022, which came into effect on January 23, 2023, have indeed expanded the definition of Houses in Multiple Occupation (HMOs) to include properties with any shared common areas, like corridors or staircases. The regulations impose several fire safety responsibilities on landlords.

### Steps to Achieve Compliance

1. **Fire Risk Assessment**:
- **Professional Assessment**: Hire a qualified fire risk assessor to conduct a thorough fire risk assessment of the common areas. This will give you a clear understanding of the specific improvements required.
- **Documentation**: Ensure the fire risk assessment is documented properly as it will be crucial for future inspections.

2. **Upgrading Fire Doors**:
- **Compliance**: Replace the flat doors and their frames to meet the current fire safety standards (FD30 or FD60 as required). This ensures they provide the necessary protection in case of a fire.
- **Certification**: Obtain certification from the installer confirming that the doors and frames meet the required standards.

3. **Firefighting Equipment**:
- **Install Equipment**: Provide appropriate firefighting equipment in the common areas as per the fire risk assessment recommendations (e.g., fire extinguishers).
- **Maintenance**: Set up a maintenance schedule to ensure all firefighting equipment is regularly serviced and in working condition.

4. **Emergency Lighting and Alarms**:
- **Regular Testing**: Test the emergency lighting and smoke alarms regularly to ensure they are functional.
- **Maintenance Records**: Keep a log of all tests and maintenance activities.

5. **Daily Inspections**:
- **Routine Checks**: Conduct and record daily inspections of the entry/exit route, ensuring it is clear of obstructions and that fire safety equipment is in good working order.
- **Record-Keeping**: Use a logbook to document the daily inspections. This logbook will be essential during any inspections by the fire authorities.

6. **Electrical Test Certificate**:
- **Common Areas**: Obtain an electrical safety certificate specifically for the common areas. Hire a qualified electrician to inspect and certify the electrical installations.
- **Ongoing Compliance**: Schedule regular electrical inspections to maintain compliance.

### Financial and Practical Considerations

1. **Budgeting**:
- Estimate the costs of the required improvements and plan a budget accordingly.
- Consider seeking financial assistance or grants that may be available for property upgrades related to safety compliance.

2. **Phased Approach**:
- If the costs are prohibitive, consider a phased approach to make the necessary upgrades. Prioritize the most critical improvements first based on the fire risk assessment.

3. **Legal and Professional Advice**:
- Consult with a solicitor who specializes in property law to ensure you fully understand your legal obligations.
- Engage with a property management company if managing these requirements yourself becomes too overwhelming.

### Communication with Tenants

1. **Inform Tenants**:
- Communicate with your tenants about the upcoming changes and the reasons behind them.
- Ensure they understand the importance of keeping common areas clear and maintaining fire safety equipment.

2. **Access Arrangements**:
- Coordinate with tenants to ensure you have access to make the necessary upgrades and conduct inspections.

### Moving Forward

- **Stay Updated**: Keep abreast of any further regulatory changes to ensure ongoing compliance.
- **Documentation**: Maintain comprehensive records of all compliance activities, including risk assessments, maintenance logs, and communication with tenants.

By systematically addressing each requirement and seeking professional help when necessary, you can bring your property into compliance with the new regulations, ensuring the safety of your tenants and protecting yourself from potential liabilities.

This isn't new, although the Fire Safety Order 2005 was updated last year.
What you have is a s257 HMO that was defined in the Housing Act 2004. There has been a requirement since that time to do a Fire Risk Assessment on the common parts and to follow its advice. If you own the building then its down to you.