Managing agent fined for ignoring fire safety correspondence

Managing agent fined for ignoring fire safety correspondence

A managing agent and his company have been fined after failing to respond to fire safety enforcement actions following a serious fire incident in Hastings. The case highlights the legal responsibilities of agents and landlords under fire safety law.

Gareth Reed and his company, Riverstone-Abbey Estate Agents Limited, were prosecuted by the East Sussex Fire Authority under the Regulatory Reform (Fire Safety) Order 2005. The prosecution followed a fire in a property managed by Reed’s company in May 2025, which resulted in three residents suffering smoke inhalation due to smoke obstructing escape routes.

Magistrates fined Reed £12,500, imposed a £2,000 victim surcharge, and ordered him to pay investigation costs of £2,525.31. His company was fined £7,500. The fire authority identified significant fire safety failings including unsecured fire detectors, non-fire-resisting doors without self-closing devices, and a lack of resident fire safety information.

Details of the fire safety breaches and enforcement

The fire officers’ investigation found that the property had multiple fire safety deficiencies that contributed to the dangerous conditions during the fire. The fire detector was not properly secured to the kitchen ceiling, reducing its effectiveness. Doors intended to prevent fire spread were not fire-resisting and lacked self-closing mechanisms, allowing smoke to fill common areas. Residents had not been provided with adequate information on fire safety procedures.

Following the fire, the fire authority issued official correspondence requiring Reed and his company to provide documents and information about fire safety compliance. Reed, as the sole director, failed to respond without reasonable excuse, prompting prosecution under the fire safety legislation.

The fire authority emphasised that ignoring correspondence from the Fire and Rescue Service is a serious breach. They urged landlords, managing agents, and businesses to respond promptly to official requests to ensure risks to life are addressed and compliance is maintained.

Context of fire safety obligations for landlords and agents

The Regulatory Reform (Fire Safety) Order 2005 places a legal duty on the “Responsible Person” to ensure the safety of occupants from fire as far as reasonably practicable. For landlords and managing agents, this means maintaining fire detection and prevention systems, ensuring escape routes are clear and protected, and providing residents with clear fire safety information.

Failure to comply with these duties can lead to enforcement actions including fines and prosecution. The case against Reed highlights the consequences of ignoring fire safety enforcement and the importance of active management of fire risks in rented properties.

Fire safety management is a critical part of property compliance, especially in multi-occupancy buildings where the risk to residents is high. Ensuring fire doors are correctly fitted and self-closing, detectors are maintained and secured, and residents are informed of fire procedures are fundamental responsibilities.

Practical implications for landlords and letting agents

This case serves as a reminder that managing agents and landlords must take fire safety correspondence seriously and respond within required timeframes. Ignoring letters or failing to provide requested information can escalate enforcement and lead to costly penalties.

Landlords should review their fire safety arrangements regularly and ensure that any official communications from fire authorities or inspectors are promptly addressed. This includes keeping records of fire risk assessments, maintenance of fire safety equipment, and resident communications.

Letting agents acting on behalf of landlords need to confirm that fire safety obligations are met and that any deficiencies are rectified swiftly. Failure to do so not only endangers residents but also exposes agents and landlords to legal and financial risks.

Uncertainties and ongoing considerations in fire safety compliance

While the legislation is clear on the duties of the Responsible Person, practical challenges remain in ensuring consistent compliance across diverse property portfolios. The case underscores the importance of clear communication channels between fire authorities and managing agents.

Landlords and agents should monitor developments in fire safety guidance and enforcement practices, as these may evolve with new risks or regulatory changes. Additionally, the scope of responsibility can sometimes be unclear when multiple parties manage or occupy a building, requiring careful contractual and operational arrangements.

It remains essential for landlords and agents to keep abreast of official guidance and seek expert advice where necessary to maintain compliance and protect residents.

Steps landlords and agents should take now

• Review all current fire safety documentation and ensure it is up to date and accessible.
• Respond promptly to any official correspondence from fire authorities or safety inspectors.
• Conduct or commission fire risk assessments and address any identified deficiencies without delay.
• Ensure fire safety equipment, including detectors and fire doors, are properly installed and maintained.
• Provide clear fire safety information and evacuation procedures to all residents.
• Maintain detailed records of all fire safety actions, communications, and inspections.
• Confirm responsibilities are clearly defined in management agreements and tenancy contracts.

Supporting landlords with fire safety compliance

Membership of The Landlord Association (TLA) offers landlords and letting agents access to practical compliance resources and guidance tailored to fire safety obligations. TLA’s developing ORBIT platform, currently in BETA testing, is designed to help members organise property records, manage documentation, and keep track of key compliance actions such as fire safety checks and communications.

ORBIT aims to assist landlords and agents in maintaining evidence of compliance, recording inspections, and responding efficiently to official correspondence. While still in testing, it may prove a valuable tool for managing fire safety responsibilities alongside other regulatory requirements.

Exploring TLA membership and ORBIT access can provide support in meeting fire safety duties and reducing the risk of enforcement action.

Looking ahead, fire safety enforcement is likely to remain a priority for regulators, with increased scrutiny on managing agents and landlords. Proactive management and clear record-keeping will be essential to avoid penalties and protect residents.

Sources: Letting Agent Today