Fire Risk Assessment Requirements for Landlords in Scotland

Fire safety is a top priority in Scottish rental homes. If you're renting in Scotland, you might wonder: does my landlord legally need to carry out a fire risk assessment? Find out how fire safety law protects you, what landlords should do, and what steps to take if you're concerned about fire risks in your home.

Landlord Fire Safety Responsibilities in Scotland

Landlords in Scotland are legally obliged to keep rental properties safe from fire hazards. The main fire safety requirements for most rented homes are set out by the Housing (Scotland) Act 2016 and supporting guidance. For Houses in Multiple Occupation (HMOs), duties are stricter under the Licensing of Houses in Multiple Occupation (Scotland) Regulations 2006.^[1]

Are Landlords Required to Complete a Fire Risk Assessment?

For regular private rented properties (including those let under a Private Residential Tenancy), Scottish law does not require landlords to conduct a formal, documented fire risk assessment like those in England under the Fire Safety Order. However:

• All landlords must ensure their property is fire safe and meets mandatory fire safety standards.
• Landlords must install appropriate smoke and heat alarms and ensure safe escape routes.
• For Houses in Multiple Occupation (HMOs)—where 3 or more unrelated tenants share—landlords are legally required to carry out a written fire risk assessment and to comply with further safety measures.

If you live in an HMO, ask your landlord or letting agent for a copy of the fire risk assessment report.

Main Fire Safety Standards for All Rented Homes

• Long-life or mains-wired smoke alarms in living rooms, hallways, and corridors
• Heat alarms in kitchens
• Clear, unobstructed escape routes (such as stairways and exits)
• Carbon monoxide detectors in rooms with boilers or gas appliances

You can view official government guidance at Fire and smoke alarms in Scottish homes (Scottish Government).

What to Do If You're Worried About Fire Safety

If you notice missing alarms, blocked exits, or feel your home is unsafe, take these steps:

• Contact your landlord: Raise the issue in writing (email or letter) and keep a record.
• Contact your local council: They can inspect the property and order the landlord to fix urgent hazards via a Repairing Standard Enforcement Order (RSEO).

Official Forms and How to Use Them

• Repairing Standard Application (RSEO) – Used to apply to the First-tier Tribunal (Housing and Property Chamber) if your landlord fails to meet fire safety or other property standards.
  Download the Repairing Standard Application form.
  Example: If you have repeatedly asked your landlord to fit smoke alarms but nothing has been done, you can submit this form to request an official inspection and order for repairs.

Who Handles Tenant Disputes?

In Scotland, the First-tier Tribunal for Scotland (Housing and Property Chamber) is the main body dealing with disputes about repairs, property standards, and tenancies—as set out by the Private Housing (Tenancies) (Scotland) Act 2016.^[2]

FAQ: Fire Risk Assessments and Your Rights as a Renter

1. Do all landlords in Scotland need to have a written fire risk assessment?
   No, written fire risk assessments are only mandatory for landlords of HMOs. For other rented homes, there isn't a legal requirement for a written risk assessment, but landlords must still make sure the property is protected against fire hazards.
2. What should I do if my landlord has not provided smoke alarms?
   You should contact your landlord in writing. If no action is taken, report the issue to your local council or submit a Repairing Standard Application to the First-tier Tribunal.
3. If I live in an HMO, how can I check my landlord’s compliance?
   Ask your landlord or agent to see the HMO licence and the fire risk assessment. They are required by law to have both and to share them with you on request.
4. Are there penalties for landlords who fail to comply with fire safety laws?
   Yes, landlords can face enforcement action, fines, or even criminal charges if they do not meet legal fire safety requirements, especially in HMOs.
5. Where can I get independent help with fire safety concerns?
   You can speak to your local council, Citizens Advice Scotland, or apply to the First-tier Tribunal for support.

Summary and Key Takeaways

• Most landlords do not need a formal fire risk assessment unless letting an HMO.
• All rental properties in Scotland must meet strict fire safety and alarm standards.
• If you are concerned, take written action and seek advice from official bodies.

Remember: Fire safety standards in Scotland are robust and strictly enforced, especially for shared homes.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Apply for repair or safety enforcement
• Citizens Advice Scotland: Renting a home – Free advice and advocacy
• MyGov.scot: Tenant Rights – Official tenant advice and complaint links
• Contact your local council environmental health department for inspections and urgent fire safety concerns

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1. See: Licensing of HMOs (Scotland) Regulations 2006
2. See: Private Housing (Tenancies) (Scotland) Act 2016

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