HMO fire safety guidance - Harlow Council

declaration by him as to the condition and
positioning of such alarms.”
This is the only fire safety related mandatory condition.
It must be applied to all licences alongside any
relevant discretionary conditions, as explained in the
next section.
Discretionary licence conditions
Section 67 of the Act gives LHAs the discretion to
attach such other conditions to an HMO licence as
it considers appropriate in relation to a number of
specified matters. These include:
“conditions requiring facilities and equipment to
be made available in the house for the purpose of
meeting standards prescribed under section 65” (see
paragraph A.39); and
“conditions requiring, in the case of any works
needed in order for any such facilities or equipment
to be made available or to meet any such standards,
that the works are carried out within such period or
periods as may be specified in, or determined under,
the licence.”
So LHAs may grant a licence with a condition attached
that certain fire safety works are carried out within
a specified period of time to satisfy them that the
HMO is reasonably suitable for occupation in terms
of fire safety under section 64 (“ensuring appropriate
fire precaution facilities and equipment are provided
of such type, number and location as is considered
necessary”).
A.41 Two other considerations are important in terms of
HMO fire safety licence conditions.
Where a category one or two hazard is identified in a
licensable HMO, the Act is clear that the appropriate
enforcement route to remove it is via part 1 (HHSRS).
However, this rule does not preclude LHAs from
attaching fire safety conditions (as described above) to
the licence, even if this brings about the same result.
This is dealt with in section 67:
“67 (4) As regards the relationship between the
authority’s power to impose conditions under this
section and functions exercisable by them under or for
the purposes of part 1 (‘part 1 functions’) —
(a) the authority must proceed on the basis that,
in general, they should seek to identify, remove or
reduce category one or category two hazards in the
house by the exercise of part 1 functions and not by
means of licence conditions;
(b) this does not, however, prevent the authority
from imposing licence conditions relating to the
installation or maintenance of facilities or equipment
within subsection (2)(c) (section 65 prescribed
standards for appropriate fire precaution facilities
and equipment), even if the same result could be
achieved by the exercise of part 1 functions.”
A.42 In practice, as a rule, where a LHA encounters a
significant fire hazard (category one or two) in a
licensable HMO it should seek to remove or reduce
it using part 1 of the act (HHSRS). However, when
granting a licence for an HMO it must satisfy itself
that there are appropriate fire precaution facilities
and equipment in the house. Where that is not the
case, it may attach a condition to the licence requiring
that works to ensure the facilities and equipment
are installed within a specified time period. This
practice will benefit landlords as well as the authority,
because relying solely on the mandatory licence
condition described in paragraph A.41 above may
not provide adequate fire safety to meet the section
65 requirement. Such an approach may also leave
a category one hazard in place, which will require
further remedial works in the near future when the
LHA discharges its duty to remove it under the Act.
Achieving a comprehensive and reasonable standard
of fire safety via the licensing condition will avoid
works being carried out which will subsequently have
to be upgraded or reversed.
A.43 A note of caution must be exercised in relation to
licence conditions requiring works within the common
parts of premises. Article 43 of the Regulatory
Reform (Fire Safety) Order 2005 has the effect that
any licence condition applied in the common parts
of premises to which the order applies shall have no
effect. Therefore, any licence condition may have no
effect where a properly conducted risk assessment
has indicated that a higher level of provision is
necessary. In view of this, the terms of the Protocol
between local housing authorities and fire and rescue
authorities to improve fire safety should be followed in
all cases when establishing licence conditions requiring
works within the common parts of premises to which
the order applies.
A.44 For properties falling within the HMO definition but
outside the scope of licensing, enforcement of fire
safety standards will fall under part 1 of the Housing
Act 2004 and the Regulatory Reform (Fire Safety)
Order 2005, and again the terms of the protocol
should be followed.
58
housing – fire safety