Who Is Responsible for Fire Safety in a Building With Multiple Tenants

Fire safety responsibilities can become confusing when a building has several tenants, different businesses, mixed residential and commercial uses or shared common areas.
This is one of the most common sources of misunderstanding we see across properties in Chester, the North West and North Wales.

This page explains exactly who is responsible for what, how the law views shared buildings, and what you need to do to stay compliant.

The legal position

Under the Regulatory Reform Fire Safety Order, anyone with control of a premises can be a responsible person.
In a multi tenant building, this often means more than one person has legal duties.

The key question is:
Who has control over each area of the building

That determines the responsibility.

1. The building owner or freeholder

The freeholder is usually responsible for:

  • The structure of the building

  • Common parts (lobbies, corridors, stairwells)

  • Fire alarm systems serving common areas

  • Emergency lighting in shared routes

  • Fire doors in communal spaces

  • Compartmentation

  • Overall evacuation strategy

  • The fire risk assessment for the common areas

In most cases, the freeholder appoints a managing agent to act on their behalf.

2. The managing agent

Managing agents frequently act as the responsible person for practical purposes because they control:

  • Day to day management

  • Maintenance contracts

  • Servicing of fire alarms and emergency lighting

  • Fire door inspections

  • Records and documentation

  • Communication with tenants

  • Implementation of FRA actions

If the agent controls these elements, they share the responsibility.

Manchester

3. Commercial tenants

In multi tenant commercial buildings, tenants are usually responsible for fire safety inside their own demise, including:

  • Fire extinguishers (if required inside the unit)

  • Fire safety arrangements for their staff

  • Managing ignition sources and equipment

  • Staff training

  • Good housekeeping

  • Storage and fire load within their space

Tenants do not normally control the building wide fire alarm or common areas unless specified in the lease.

Chester High Street

4. Residential tenants

In a residential setting (flats, HMOs, serviced apartments), tenants are responsible for:

  • Keeping escape routes clear

  • Not tampering with fire safety equipment

  • Safe use of appliances

  • Reporting faults

They are not responsible for the fire risk assessment, fire alarm maintenance or fire doors in communal areas.

5. HMO licence holders

In HMOs, the licence holder (often the landlord or managing agent) has specific responsibilities for:

  • Fire alarm systems

  • Escape routes

  • Fire doors

  • Emergency lighting

  • Communal areas

  • Managing tenant behaviour linked to fire risk

Local councils actively enforce these duties.

Liverpool

6. Multiple responsible persons in one building

It is very common for more than one person to be legally responsible.
For example:

  • A freeholder controlling the structure

  • A managing agent controlling the common parts

  • Commercial tenants controlling their units

  • Residential landlords controlling private rented flats

When responsibility is shared, communication becomes essential.

7. Shared responsibility is not split responsibility

Even if several parties share duties, each person is still legally accountable for their own area of control.

If something goes wrong, regulators can take enforcement action against:

  • Landlords

  • Freeholders

  • Directors

  • Managing agents

  • Businesses occupying units

The fact that multiple people had responsibility is not a defence.

8. The fire risk assessment clarifies responsibilities

One of the purposes of a good fire risk assessment is to clearly outline:

  • Who owns each part of the building

  • Who controls each fire safety measure

  • Who must take each action

  • What each tenant must do

  • What the freeholder or agent must manage

If this is missing, unclear or outdated, the building is at risk.

9. Common areas of confusion

Across the buildings we see, the most frequent misunderstandings involve:

  • Fire doors inside flats (usually the leaseholder or landlord)

  • Fire doors in common areas (freeholder or managing agent)

  • Alarm systems that cover both common areas and flats

  • Mixed commercial and residential arrangements

  • Shared plant rooms or services

  • Tenant alterations not reported to the agent

These issues often surface during audits.

The Fletcher Risk approach

We help building owners, agents and tenants understand their responsibilities through:

  • Fire risk assessments

  • FRA action plans

  • Alarm system reviews

  • Fire door inspections

  • Tenant guidance packs

  • Pre audit and post audit support

We specialise in complex buildings with multiple occupants, including HMOs, mixed use properties, multi storey conversions and large residential blocks.

Book a fire risk assessment or speak to the team:
https://www.fletcherrisk.co.uk

Disclaimer

This page provides general guidance only. It does not constitute legal advice and should not be relied upon as a substitute for a full fire risk assessment or professional consultation. Fire safety duties vary depending on the building’s type, layout and occupancy. Fletcher Risk Management Ltd accepts no liability for decisions made based on this content. Always consult a competent professional for guidance on your property.

Fletcher Risk Team - 26 November 2025

Tim Fletcher