Fire Risk Assessment for Letting Agents

Letting agents in the UK are not automatically the Responsible Person under fire safety legislation. However, depending on the services you provide and the level of control you exercise, legal duties may arise under the Regulatory Reform (Fire Safety) Order 2005 and related housing legislation.

Many letting agents assume fire safety responsibility sits entirely with the landlord. While landlords usually retain primary responsibility, agents who manage properties, instruct contractors, or control common parts may also carry duties — particularly in HMOs or managed blocks.

This guide explains when a fire risk assessment is required, how responsibility is allocated, and how letting agents can reduce legal and reputational risk.

If you require a compliant fire risk assessment anywhere in the UK, contact us for a free, no-obligation quotation.

Are Letting Agents Legally Responsible for Fire Safety?

The Fire Safety Order places duties on the “Responsible Person” — typically the employer, landlord, freeholder or person in control of premises.

A letting agent will not automatically be the Responsible Person simply because they market or let a property. In a simple “let-only” arrangement, where the agent markets the property but does not manage it, responsibility will normally remain with the landlord. In a fully managed arrangement, where the agent oversees maintenance and compliance, enforcement authorities may examine the extent of control exercised in practice.

However, responsibility depends on control, not job title.

If a letting agent:

• Manages an HMO
• Controls common parts of a building
• Oversees maintenance and contractor instruction
• Employs staff working within the premises
• Exercises decision-making authority over fire safety measures

they may acquire duties under fire safety legislation, or be required to cooperate and coordinate with the Responsible Person.

Letting Agents and HMOs

HMOs (Houses in Multiple Occupation) are one of the most heavily enforced residential property types in the UK.

Where a letting agent manages an HMO on behalf of a landlord, the Fire Safety Order applies to the common parts. The Responsible Person is usually the landlord — but an agent exercising significant control may also carry responsibility.

In addition to the Fire Safety Order, HMOs are subject to licensing conditions under the Housing Act 2004 and inspection via the Housing Health and Safety Rating System (HHSRS).

Letting agents managing HMOs should ensure:

• A suitable and sufficient fire risk assessment is in place for common areas
• Escape routes are protected and unobstructed
• Fire alarms are correctly installed and maintained
• Fire doors are properly maintained
• Required documentation is retained

Blocks of Flats and Managed Properties

In purpose-built blocks or converted buildings containing flats, the Fire Safety Order applies to the common parts.

Responsibility usually sits with:

• The freeholder
• A Resident Management Company (RMC)
• A Right to Manage (RTM) company
• A managing agent controlling the common parts

If a letting agent only manages individual flats and does not control the communal areas, they will not normally be the Responsible Person for those areas.

However, agents should ensure that:

• Landlords are aware of their responsibilities
• Fire safety information is properly communicated
• Lease conditions relating to fire safety are respected
• Tenants do not compromise fire safety measures

What Is a Letting Agent’s Legal Risk?

Even where the landlord is the Responsible Person, letting agents may face risk where:

• They fail to advise landlords of legal requirements
• They ignore known fire safety defects
• They allow unsafe occupation to continue
• They fail to act on enforcement notices
• They misrepresent compliance to tenants

Where an offence under the Fire Safety Order is committed by a corporate landlord, senior individuals (including managers or officers) may face personal liability if offences occur with consent, connivance or neglect.

Letting agents should therefore treat fire safety as a compliance issue — not merely an administrative task.

Fire Safety (England) Regulations 2022

For multi-occupied residential buildings in England, additional duties apply under the Fire Safety (England) Regulations 2022. These include:

• Providing residents with fire safety instructions
• Supplying information regarding fire doors
• Undertaking checks of communal fire doors
• In certain higher-risk buildings, undertaking checks of flat entrance doors
• Maintaining records of inspections and actions

While these duties generally fall on the Responsible Person, letting agents involved in block management or compliance coordination must ensure these obligations are properly discharged.

Can Letting Agents Delegate Responsibility?

Letting agents cannot remove risk simply by stating that the landlord is responsible.

Where an agent has contractual authority over management and safety, enforcement authorities may examine:

• The terms of the management agreement
• Who had practical control
• Who instructed contractors
• Who made compliance decisions

Clear contractual allocation of responsibilities and documented oversight are essential.

What Type of Fire Risk Assessment Is Required?

The type of assessment required for letting agents depends on the property and the level of control exercised:

• HMO common parts → Communal fire risk assessment
• Block of flats (common parts) → Communal fire risk assessment
• Commercial premises → Full fire risk assessment
• Single private dwelling → Fire Safety Order usually does not apply inside the property itself

The assessment must be suitable and sufficient, building-specific, and reviewed where necessary.

How Often Should Fire Risk Assessments Be Reviewed?

There is no fixed statutory interval.

However, review is required when:

• Structural alterations occur
• Occupancy changes
• Fire safety systems are modified
• A fire occurs
• Deficiencies are identified

Many property managers and landlords adopt annual review cycles.

Fire Risk Assessment for Letting Agents – Quick Compliance Summary

Letting agents are not automatically the Responsible Person under fire safety law. However, legal duties arise where control is exercised over premises or common parts.

Agents managing HMOs or residential blocks must ensure compliant fire risk assessments are in place and acted upon.

Delegation does not eliminate risk. Control, oversight and documented compliance processes are essential to reduce enforcement exposure.

Conclusion

Letting agents operate at the interface between landlords, tenants and property management. While primary responsibility for fire safety often rests with the landlord or freeholder, agents may carry duties where they exercise control or manage compliance processes.

Ensuring that suitable and sufficient fire risk assessments are in place — and that identified actions are implemented — is critical to protecting tenants, landlords and your own professional position.

At Fire Risk Assessment Network, we work with letting agents across the UK to deliver compliant, building-specific fire risk assessments with clear prioritisation and defensible documentation.

If you require support, speak to our team today.

Frequently Asked Questions

Are letting agents responsible for fire safety?

Letting agents are not automatically the Responsible Person under the Regulatory Reform (Fire Safety) Order 2005. Legal responsibility depends on who has control of the premises or common parts. In most standard rental arrangements, the landlord is the Responsible Person. However, if a letting agent exercises control over property management, maintenance, or fire safety arrangements, they may acquire duties under fire safety legislation or be required to cooperate with the Responsible Person.

Do letting agents need to arrange a fire risk assessment?

In most cases, the landlord or freeholder is responsible for arranging a fire risk assessment. However, where a letting agent manages an HMO, controls common parts, or has contractual responsibility for compliance coordination, they should ensure that a suitable and sufficient fire risk assessment is in place and kept under review. Agents who ignore known deficiencies may face enforcement risk.

Can a letting agent be the Responsible Person?

Yes, in certain circumstances. If a letting agent has control of the common parts of a building, manages fire safety systems, or exercises significant decision-making authority over compliance measures, enforcement authorities may treat them as the Responsible Person. The key legal test is control, not job title.

Are letting agents liable if a landlord fails to comply?

Primary responsibility usually rests with the landlord. However, letting agents may face risk where they fail to act on known fire safety breaches, misrepresent compliance, or continue to let unsafe premises. Where offences occur with consent, connivance or neglect, individuals within a company may face personal liability.

What are letting agents’ duties in HMOs?

Where a letting agent manages an HMO, they must ensure that fire safety arrangements comply with both the Fire Safety Order and HMO licensing requirements under the Housing Act 2004. This includes ensuring that a suitable fire risk assessment is in place for common parts, fire detection systems are maintained, and escape routes are protected.

Do the Fire Safety (England) Regulations 2022 affect letting agents?

The Fire Safety (England) Regulations 2022 primarily impose duties on the Responsible Person in multi-occupied residential buildings in England. These include providing residents with fire safety information and undertaking fire door checks in certain buildings. Letting agents involved in block management or compliance oversight must ensure these duties are properly implemented and recorded.

Does the Fire Safety Order apply inside rented flats?

The Fire Safety Order generally applies to common parts of multi-occupied residential buildings rather than the interior of individual flats. Flat entrance doors may fall within scope where they form part of the building’s fire-resisting structure. Landlords and agents must also comply with housing legislation relating to smoke alarms and general safety standards inside dwellings.

In England, the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 require landlords to install smoke alarms on every storey of rented accommodation and carbon monoxide alarms in certain rooms. Letting agents managing properties should ensure these statutory requirements are met.