If you let a property room by room to people who are not one household, HMO fire safety is a bigger subject than it is for an ordinary tenancy, and the law treats it that way. More people who do not know each other, sleeping behind separate doors, sharing a kitchen and a single staircase, adds up to a higher risk if a fire starts. Before you can work out what you need to fit, you have to know whether your property is a House in Multiple Occupation at all.
What makes a property an HMO
In broad terms, a property is an HMO if it is let to three or more people who form two or more separate households and who share facilities such as a kitchen, bathroom or toilet. A household is a single person or members of the same family living together. Three friends sharing, or a couple plus two unrelated lodgers, will usually meet the test. The definition sits in the Housing Act 2004, and you can check the basics on the gov.uk HMO licence page.
Licensing is a separate question
Being an HMO and needing a licence are not the same thing. Mandatory licensing applies to any HMO occupied by five or more people from two or more households, and since October 2018 there is no longer a minimum number of storeys, so a large bungalow share can need a licence. Many councils also run additional licensing schemes that catch smaller three and four person HMOs, so checking with your local authority is the only safe way to be sure.
Why HMO fire safety is treated more seriously
The reason for the extra attention is simple. Tenants in separate rooms may be asleep, may not realise others are in the building, and have to share escape routes they did not design. That is why an HMO usually needs more than the basic alarms a family home gets, often a linked detection system, fire-resisting doors and a protected way out. The standard most councils measure you against is the LACORS fire safety guidance, which we cover separately.
The layers of law that apply
HMO fire safety pulls in several pieces of law at once: the Regulatory Reform (Fire Safety) Order 2005 over the shared parts, the Housing Act 2004 and its hazard rating system, the Management of HMOs Regulations 2006, and your licence conditions. We unpick how these fit in our guide to HMO fire safety law. The common thread is that you must assess the risk and act on it, which means a recorded HMO fire risk assessment.
Do small HMOs escape the rules
No. Even an unlicensed HMO still falls under the Fire Safety Order and the Housing Act, so the duty to assess and manage fire risk applies whatever the size. Licensing changes the paperwork and the council oversight, not the underlying need to keep tenants safe. If you are unsure who carries the duty in your setup, our piece on the HMO responsible person explains it.
Where to start
Begin by confirming whether your property is an HMO and whether it needs a licence, then get a fire risk assessment that reflects how the building is actually used. The areas an HMO assessment has to cover, from alarm grade to escape routes, go well beyond a normal home, which is where many landlords find a competent assessor earns their fee. Hampshire and Isle of Wight Fire and Rescue Service offers business guidance, and the council licensing team can tell you the local standard.
Get the right advice for your HMO
Not sure where your property sits or what it needs? For advice tailored to your property from a competent professional, speak to Jamie at ESI: Fire Safety on 01276 300 351.
