Firetrap flat
Question
Last year, seven of us moved into a house designed for four people. In two of the smallest rooms, the bedroom door cant be opened because the bed is in the way. A chest of drawers is also blocking the hallway. I believe the house contravenes fire regulations. The front door is the only way out and the only other possible exit is a bay window. Is the landlord actually contravening safety regulations and do all multiple occupancy homes need more than one fire exit? We would really like to know where we stand.
Answer
Some houses or flats that are occupied by more than one household are classed as houses in multiple occupation (HMO). As you've recognised, a landlord of a house in multiple occupation has certain extra legal responsibilities. These include specific rules about fire safety.
HMOs must be fit for the number of people living there and, as such HMOs should have an adequate means of escape from fire and other adequate fire precautions, e.g. smoke alarms, fire extinguishers and escape route lighting. Unfortunately, the guidelines only state that means of escape from fire should be 'adequate' and don't mention how many there should be.
If you believe your landlord is not fulfilling their responsibilities, you could contact your local environmental health department, they are normally responsible for dealing with complaints about HMOs. Local authorities have specific powers to ensure that an HMO has an adequate means of escape from fire. The council can prosecute landlords of HMOs (or any manager they have employed) if they break the law. In extreme cases, the council can take over the management of the property.
You can also ask the council to keep your complaint confidential, so your landlord won't know who complained. In addition, ask the council to let you know what action it takes, so you will know if your landlord is doing what they should. Councils can inspect HMOs. After a visit, if your accommodation is in very poor condition, the council might:
- Write to the landlord and give them a list of what work needs to be done;
- Serve a legal notice which says that the landlord has to do certain things to improve conditions within a specific period of time.
In very serious circumstances, if the landlord does not follow these instructions, the council can:
- Do the work on behalf of the landlord, then make the landlord pay for it;
- Prosecute the landlord;
- Close down the building (the council could only do this if the building is very dangerous).
Before taking any action there are some important things that you need to consider. If you rent privately and your landlord does not live with you then you are likely to be assured shorthold tenants. In this case you can normally be evicted fairly easily, even if you haven't done anything wrong. And, unfortunately, some landlords may prefer just to evict tenants rather than pay for alterations, improvements or repairs.
If the problems are relatively minor you may decide that it is not worth taking further action. Unfortunately, this may be your best option if your landlord is not co-operating and you can live with the problem.
Whatever you choose to do, it might be helpful to visit your local advice service to find out more information about your rights.
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Question answered by Shelter
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