Landlord fined for fire safety breaches

September 11, 2024

Landlord fined for fire safety breaches

This content has been produced in association with our sister company, Barbour.

A landlord has been ordered to pay £3,924 after being found guilty of breaching the Regulatory Reform (Fire Safety) Order 2005 (FSO) as the leaseholder for a flat.

Adam Berrington appeared in Warrington Magistrates Court, charged with failing to comply with an enforcement notice issued by Cheshire Fire and Rescue Service.

Warren Spencer, prosecuting, told the court how Mr Berrington had failed to cooperate with inspecting officers after they found breaches of the FSO relating to a flat door at his property on Foundry Lane.

The breaches relating to the flat door included:

  • Damage which had the potential to impact the means of escape from the flat and building.
  • Missing fire door fixtures, increasing the risk of fire and smoke spread.

Following an initial visit on 20 May 2021, inspecting officers advised Mr Berrington to rectify the issues identified with the door. They served an enforcement notice on 7 June 2021, which they found Mr Berrington had failed to comply with when they returned on 6 September 2021.

Inspecting officers made several more visits to the property to find that appropriate action had still not been taken. Subsequently, Mr Berrington was taken to court.

Magistrates commented how the evidence provided by Cheshire Fire and Rescue Service’s prosecution team was “credible and clear, and well-documented”. They noted that Mr Berrington had failed to engage and co-operate with the Service and did not take reasonable precautions to comply with the enforcement notice.

Area Manager Steve McCormick, Head of Prevention and Protection at Cheshire Fire and Rescue Service said: “Fire safety is an essential part of good property management and Mr Berrington failed to protect his tenant and the other residents in this building from the risk of fire. This was made apparent when he failed to make the property safe following the enforcement notice.

“Prosecuting people is a last resort for our Service, we always work to help and support landlords to provide safe accommodation for their tenants. However, as this case shows, we will take action when fire safety responsibilities are not taken seriously.”

Cheshire Fire and Rescue Service
August 2024

Our Comment

This prosecution, whilst quite shocking with the level of non-compliance in this higher risk residential premises, also serves to remind those in the sector to ensure the fire safety of vulnerable residents remains their number one day-to-day consideration.

Landlord Fined

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This content has been produced in association with our sister company, Barbour.

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