Fire Risk Assessment: Landlord Or Tenant Responsibility In The UK?

If you’re taking on a shop, office or warehouse, one of the first questions you’ll face is: who is actually responsible for the fire risk assessment - the landlord or the tenant?

It matters because getting this wrong can expose your business to serious fines, insurance problems and avoidable risk for your team and customers. The good news is that the rules are clear once you know how UK fire safety law allocates duties.

In this guide, we break down how responsibilities are split under UK law, what typically sits with landlords vs tenants, and how to make sure your lease (or licence) properly reflects who does what. We’ll also outline practical steps for a “suitable and sufficient” fire risk assessment so you’re protected from day one.

What Does The Law Require, And Who Is The “Responsible Person”?

In England and Wales, the core law is the Regulatory Reform (Fire Safety) Order 2005 (the Fire Safety Order). It requires the “Responsible Person” to carry out - and keep up to date - a suitable and sufficient fire risk assessment (FRA), and to implement fire safety measures based on that assessment.

In simple terms, the “Responsible Person” is usually:

• The employer, if the workplace is under their control;
• The person in control of the premises (e.g. the occupier/tenant) to the extent of their control; and
• The owner/landlord where they have control, most commonly over “common parts” like stairwells, lobbies and plant rooms.

While you can contractually agree who undertakes particular tasks (like servicing alarms), you can’t contract out of the legal duty. If you are the occupier running a business from the premises, you will almost always be a Responsible Person for the areas you control. That means you must ensure a valid FRA exists for your demise and that your control measures are adequate and maintained.

What About Scotland And Northern Ireland?

Scotland has a broadly similar regime under the Fire (Scotland) Act 2005 and associated regulations, using the concept of the “dutyholder” rather than “Responsible Person”. Northern Ireland has its own regulations, again imposing duties on those in control. The practical outcomes are similar: the occupier/employer usually carries duties for areas they control; the landlord covers common parts, with cooperation required where duties overlap.

Recent Updates You Should Know

In England, the Fire Safety Act 2021 clarified the scope of the Fire Safety Order in multi-occupied buildings, and further regulations set additional duties for certain premises. While many changes focus on residential buildings, they reinforce the trend towards clearer accountability and better record keeping - useful context as you set up your own compliance processes.

Landlord Vs Tenant: How Responsibilities Typically Split

In most commercial lets, the split is straightforward in principle:

• Tenant (your business): Responsible for the FRA and fire precautions within your demised premises (the space you occupy and control). This includes layout risks, storage and stock, electrical equipment you install, escape route signage within your unit, and your staff training and drills.
• Landlord: Responsible for the FRA and fire precautions for common parts and building-wide systems under their control (e.g. shared stairwells, communal corridors, fire alarm panels serving multiple units, smoke vents, sprinklers serving the whole building).

However, the detail depends on your lease. For example, you might be responsible for detectors and alarms within your unit even if the landlord maintains the building-wide panel. Or, if you’re the sole occupier of an entire building, you may carry a larger share of duties.

Always read the compliance and repair clauses alongside any fire safety schedule. A well-drafted lease makes the division of responsibilities explicit, including who pays for maintenance, who keeps records, and how building-wide testing is coordinated. If you’re not sure, it’s worth a Commercial Lease Review before you sign.

Examples To Make It Concrete

• Single-Unit Shop On The High Street: You carry out and record your shop’s FRA. The landlord covers the shared entrance lobby and escape corridor. You maintain extinguishers and emergency lighting within your unit; the landlord maintains lighting and signage in the shared corridor.
• Whole-Building Warehouse Let: As sole occupier, you likely act as Responsible Person for the entire building, including building-wide systems (unless the lease says otherwise). Expect to maintain alarms, sprinklers, fire doors and conduct regular drills.
• Serviced Office Or Licence Arrangement: The operator often retains control of common systems and may provide certain fire safety measures. You still need to assess risks in your private area and train your team. If you’re in Scotland on a short-term agreement, a licence to occupy may set out who does what.

Multi-Occupied Buildings: Cooperation, Coordination And Information Sharing

In shared buildings, the law requires cooperation and coordination between Responsible Persons. That means:

• Sharing relevant parts of your FRA with the landlord and neighbouring occupiers, where risks or controls interact (for example, shared escape routes or a single alarm panel).
• Agreeing on fire alarm testing schedules, fire drills and signage responsibilities, so actions in one unit don’t undermine building-wide safety.
• Providing information and instruction to your staff and any contractors about the building’s fire procedures, routes and assembly points.

Practically, this usually happens through building manuals, compliance packs and periodic communications from the landlord or managing agent. Make sure you actually digest and integrate this information into your business procedures and training. Having a clear internal health and safety process helps - if you’re formalising this, a concise Workplace Policy for fire safety and emergency procedures can be a good place to start, and you can also embed it within a broader Staff Handbook.

How To Allocate Fire Safety Duties In Your Lease Or Licence

Because the legal duty ultimately follows control, your contract should reflect the real-world split - and give you the tools to comply. When negotiating or reviewing occupation documents, look closely at:

Repair And Maintenance Clauses

Check who maintains fire doors, detectors, alarms, emergency lighting, smoke vents and sprinklers. If the landlord controls a building-wide system, the lease should oblige them to test and maintain it to the applicable standards and to share test records with you on request.

Compliance And “Statutory Requirements” Clauses

Most modern leases require the tenant to comply with laws within the demised premises. That will include carrying out your own FRA, implementing measures and training staff. Make sure the landlord also undertakes compliance for common parts and shared systems they control.

Access, Information And Cooperation

You’ll need access for testing and maintenance (e.g. to ceilings or risers), and you’ll need landlord cooperation to coordinate drills and alarm testing. Include clear rights and obligations for both sides, plus an obligation to share relevant FRA findings.

Fit-Out And Alterations

Changes to layout, partitions or storage can affect your FRA and building protections. Your alterations clause should require you to assess fire risks associated with the works, use competent contractors, and update your FRA on completion. A simple Service Agreement with your fire safety contractor can set out maintenance scope, response times and record-keeping duties.

If you’re taking over an existing unit, ask for recent FRA reports and fire systems certificates up front. If you’ll be stepping into an existing lease mid-term, issues can also arise during assigning a lease - ensure you receive the compliance history and clarify any remedial actions that remain outstanding.

Not sure your draft reflects the right split? A quick Commercial Lease Review can flag gaps, cost exposures and practical fixes before you sign.

What Your Fire Risk Assessment Should Cover (And How To Keep It Current)

An FRA is not just a tick-box form. It’s a live document that identifies hazards, evaluates risks and lists control measures. It should be proportionate to your premises and activities, but “suitable and sufficient” in law. As a starting point, ensure it addresses:

• Sources of ignition, fuel and oxygen in your space (e.g. heaters, cooking, electrical kit, packaging, flammables).
• People at risk, including staff, customers, contractors, lone workers and anyone with disabilities.
• Preventive measures (housekeeping, storage, hot works controls, PAT testing, smoking policies).
• Detection and warning (alarms, detectors, monitoring, testing routines).
• Means of escape (clear routes, fire doors, emergency lighting, signage, capacity calculations).
• Firefighting equipment (extinguishers, sprinklers, staff competence to use equipment).
• Emergency plan, training and drills (including induction, refresher frequency, record keeping).
• Coordination with the landlord/other occupiers (shared alarms, evacuation strategy, assembly points).
• Maintenance and inspection regimes (with testing logs and remedial follow-up).

If you employ five or more people, you must record the significant findings of your FRA. But even below that threshold, keeping a written record is smart - it proves your reasoning and helps you track actions. As your business grows, align your FRA with your wider compliance processes. If you’re building out a broader compliance framework, our overview of health and safety in the workplace can help you think about roles, risk assessments and policy integration across your operations.

When To Review Your FRA

You should review your FRA regularly and whenever things change, such as:

• Layout or fit-out alterations;
• New equipment or processes (e.g. hot works, new ovens, increased stock levels);
• Changes to staff numbers or shift patterns;
• Incidents, near-misses or enforcement notices; and
• Landlord changes affecting common parts or evacuation routes.

Remember, an FRA by itself doesn’t make you compliant - it’s the actions you implement and maintain that matter. Build responsibilities into job roles and onboarding. An Employment Contract can reference your health and safety expectations so responsibilities are clear for managers and staff with specific safety duties.

Working With Competent Contractors, Records And Insurance

You are expected to appoint “competent persons” where needed to help you comply. For most SMEs, that means using reputable contractors for fire alarm servicing, emergency lighting tests, extinguisher maintenance and, if appropriate, an external FRA. Agree clear scopes of work, standards (e.g. BS 5839 for alarms, BS 5266 for emergency lighting) and reporting. A short-form Service Agreement can set this out in plain English.

Keep tidy records: FRAs and reviews, weekly alarm test logs, monthly emergency lighting flick tests, annual service certificates, drill records and training logs. Store them where you (and the landlord/managing agent) can access them quickly if the Fire and Rescue Service pays a visit or your insurer asks for evidence.

On insurance, non-compliance with fire safety duties can cause cover problems. Many policies require you to maintain alarms and extinguishers, keep clear escape routes, and comply with legal obligations. If your FRA identifies actions, set deadlines and tick them off - it’s both a legal and an insurance requirement in practice.

Finally, fire safety is one part of your overall compliance picture. If you’re mapping out the full checklist for your venture (from consumer law to data protection), it’s worth checking you’re across the basics of what laws businesses have to follow so nothing critical slips through the cracks.

Enforcement, Penalties And Common Pitfalls To Avoid

The local Fire and Rescue Authority can inspect your premises. If they find issues, they can issue advice, an enforcement notice (requiring improvements), an alteration notice (if there’s a high safety risk), or a prohibition notice (restricting or stopping the use of the premises). Serious breaches can lead to prosecution, unlimited fines and even imprisonment for individuals in control.

Common pitfalls we see with small businesses include:

• Assuming the landlord “does all fire safety” and not doing a unit-level FRA.
• Relying on an old or generic FRA that doesn’t reflect your actual layout, stock or processes.
• Letting maintenance slide - missing weekly alarm tests or not fixing failed emergency lights promptly.
• Blocking or narrowing escape routes with stock or displays (especially during peak seasons).
• Not updating the FRA after fit-out changes or new equipment.
• Poor coordination in multi-occupied buildings - for example, alarm tests not communicated to other tenants or to the managing agent.

The fix is usually simple: clarify responsibilities with your landlord in writing, carry out a proportionate FRA, implement the actions, and keep evidence that you’re on top of it.

Key Takeaways

• Under UK law, the “Responsible Person” must carry out a suitable and sufficient fire risk assessment and implement measures. In most commercial scenarios, the tenant/occupier is responsible within their unit, while the landlord covers common parts and building-wide systems they control.
• You can allocate tasks by contract, but you can’t contract out of the legal duty. Make sure your lease reflects the real-world split and includes maintenance, cooperation, access and information-sharing obligations. A quick Commercial Lease Review can help you lock this down before you sign.
• In multi-occupied buildings, you must cooperate and coordinate with the landlord and other occupiers - share relevant FRA findings, agree testing schedules and align evacuation procedures.
• Your FRA should be specific to your premises and activities, recorded (if you have 5+ employees), and reviewed when things change. Build actions into roles and training, supported by a clear Workplace Policy or Staff Handbook.
• Use competent contractors and set expectations in a simple Service Agreement. Keep clean records of tests, servicing, drills and training - they’re crucial for both legal compliance and insurance.
• Avoid common pitfalls: don’t assume the landlord covers your unit, don’t rely on outdated assessments, and don’t forget to update your FRA after changes to layout or operations.

If you’d like help reviewing your lease, allocating responsibilities clearly, or putting your compliance documents in place, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.