What Happens If Your HMO Fire Risk Assessment Fails Inspection

Fire safety inspections in HMOs are not routine — they are targeted. Councils and fire and rescue services inspect properties when there is a complaint, a licence renewal, a reported incident, or as part of an enforcement campaign. When an inspection reveals that your fire risk assessment is inadequate, or that your fire precautions do not match your assessment, the consequences can be severe.

This article explains what happens when an HMO fire risk assessment or fire safety standard fails inspection, what powers councils and fire services have, and what landlords can do to protect themselves.

Who Can Inspect Your HMO?

Two bodies have inspection powers relevant to fire safety in HMOs:

• Your local council — under the Housing Act 2004 and the Housing Health and Safety Rating System (HHSRS), councils can inspect licensed and unlicensed HMOs at any time. Fire safety is one of 29 hazard categories assessed under HHSRS, and “Fire” is a Category 1 hazard — meaning councils are required to take action when they identify a serious risk.
• Your local fire and rescue service — under the Regulatory Reform (Fire Safety) Order 2005, fire services have powers to enter and inspect any premises within scope of the Order, which includes HMO common areas. Inspectors can request to see your fire risk assessment and records of fire safety checks.

What Inspectors Look For

An inspector will typically assess whether:

• A written fire risk assessment exists and is available on request
• The assessment is up to date (reviewed within the last 12 months, or following any significant change)
• The assessment is property-specific — not a generic template with no site-specific detail
• The fire precautions in place match what the assessment says should be in place
• Any action plan items identified in the assessment have been addressed
• Fire detection and alarm systems are working and have been tested
• Fire doors are properly fitted, self-closing, and not propped open
• Escape routes are clear and unobstructed
• Emergency lighting is present and working (where required)
• Fire extinguishers are in place and serviced

What Happens If Your Assessment Is Found Inadequate?

Informal Action

In many cases, a first inspection that identifies deficiencies will result in informal action — written advice or a letter explaining what needs to be done and by when. This is most likely when the deficiencies are administrative (an out-of-date assessment, missing records) rather than physical (non-existent fire doors, no alarm system).

Enforcement Notice

Where inspectors identify a significant failure, they may issue an enforcement notice requiring specific actions within a set timeframe. Fire service enforcement notices under the RRO 2005 can require landlords to carry out improvements to fire precautions, produce a compliant fire risk assessment, or restrict the use of parts of the building.

Council enforcement notices under the Housing Act 2004 (Improvement Notices and Prohibition Orders) can require physical works or restrict occupancy — including prohibiting habitation of the property entirely until deficiencies are remedied.

Licence Refusal or Revocation

A council can refuse an HMO licence application, or revoke an existing licence, if the fire safety standards are not met. Operating an HMO without a licence (where one is required) is itself a criminal offence carrying unlimited fines and rent repayment orders from tenants.

Prosecution

In serious cases — particularly where a fire has occurred, where a prohibition order has been ignored, or where an assessment has been deliberately falsified — prosecution is possible. Under the RRO 2005, conviction carries unlimited fines and up to two years' imprisonment. Councils can also prosecute under the Housing Act 2004 for licensing failures. Both are criminal proceedings, and conviction results in a criminal record.

Civil Liability

Beyond criminal penalties, inadequate fire safety can expose landlords to civil claims. If a tenant is injured or killed in a fire that was attributable to the landlord's failure to carry out an adequate fire risk assessment or maintain fire precautions, the landlord may be liable for damages. Landlord insurance policies typically require compliance with statutory fire safety obligations as a condition of cover — a failure to have a compliant FRA may void the policy at the worst possible moment.

How to Protect Yourself

1. Have a written FRA in place — produced to BS 9792:2025, covering all five steps of the RRO 2005 methodology.
2. Keep it current — review annually and after any significant change.
3. Act on the action plan — an assessment that identifies deficiencies but shows no evidence they have been addressed can make your position worse, not better.
4. Maintain records — keep records of fire alarm tests, fire door inspections, extinguisher servicing, and any remedial works. These are the evidence that you are managing fire safety actively.
5. Make it available — your FRA should be readily accessible for inspection. Inspectors who cannot be shown a current assessment on the day of an inspection will note this immediately.

Summary

An inadequate fire risk assessment can result in enforcement notices, licence refusal or revocation, prosecution, and civil liability. The best protection is a current, property-specific FRA that reflects the actual condition of your HMO — and evidence that you are acting on it. FRASafe produces exactly the document you need, aligned to BS 9792:2025, for £45.