Press Release – Prosecution sends serious message to landlords
Posted on 03/10/2013 – Devon & Somerset Fire & Rescue Service – http://www.dsfire.gov.uk/
Following a fatal fire in May 2012 in Kettering, three men who failed to take the correct fire precautions in nine properties have been prosecuted by Northamptonshire County Council’s fire and rescue service. All the premises were occupied as Houses in Multiple Occupation (HMOs) as defined within sections 254-259 of the Housing Act 2004.
Community Safety Protection Manager, Paul Bray said: “This case clearly demonstrates how seriously fire safety breaches are viewed by the courts. I hope it sends a clear message out to landlords and managing agents across Devon and Somerset. Suitable provision and maintenance of fire precautions is important in all buildings, but especially so where there are lots of people sleeping.
“Landlords have a duty under the Regulatory Reform (Fire Safety) Order 2005, to take suitable and sufficient general fire precautions to protect relevant persons from fire. Devon & Somerset Fire Rescue Service carry out inspections of premises to ensure compliance and where non-compliance is identified, we will take steps to achieve compliance. This may be through giving advice, but on occasions where there is a lack of co-operation or a deliberate disregard for fire safety, the Service will take robust action which can include legal action.
“Statistics show that 30.4% of properties in the South West are rented. Rented accommodations such as HMOs are where most fire related deaths occur.
Fire statistics show that 45.4% of accidental fire deaths in the South West (where the tenure has been recorded) occurred in rental properties. HMOs often house vulnerable people with landlords who won’t or haven’t, taken simple and affordable fire precautions by fitting fire doors or fire alarm systems, which could prevent fires from becoming tragedies.“
Further information for Landlords and Letting Agents is available from our website
Background to the case
On 17th July 2013 at Northampton Crown Court , both Mr Singh and Mr Ozzengin pleaded guilty to failure to take “general fire precautions” as may reasonably be required (Article 8 of the Regulatory Reform (Fire Safety) Order 2005). Mr Ordynowski had previously pleaded guilty at Kettering magistrate’s court to similar charges.
At Northampton Crown Court, 14 August, Northamptonshire Fire and Rescue Service successfully prosecuted Mr Singh the owner of all the properties and Mr Ozzengin the managing agent in respect of five properties and Mr Irdynowski the managing agent in respect of three properties.
At Northampton Crown Court, 25th September the following sentences were awarded.
* Mr Singh was sentenced to nine months in prison and ordered to pay costs of £7,500
* Mr Ozzengin was sentenced to five months in prison suspended for twelve months and ordered to undertake two hundred hours of unpaid work. He was also ordered to pay costs of £2,000
* Me Ordynowski was sentenced to three months in prison suspended for twelve months and ordered to undertake one hundred and seventy five hours of unpaid work. He was also ordered to pay costs of £2,000
Failure to carry out general fire precautions means they failed to carry out a fire risk assessment, failed to ensure the installation of an appropriate fire detection and warning system. Failed to ensure that persons within the premises were able to evacuate the premises as quickly and safely as possible and failed to ensure that emergency doors were not locked or fastened so as to prevent their easy and immediate use in the case of an emergency.
Mr Ozzengin also pleaded guilty to failing to comply with a prohibition notice within one of the premises he was managing. Article 32(1)a of the Regulatory Reform (Fire Safety) Order 2005.
The Regulatory Reform (Fire Safety) Order 2005 applies to nearly all premises, with the exception of single private dwellings. In HMOs, it applies to the common parts of the building, where the “Responsible Person” must ensure adequate fire safety standards and arrangements through a process of fire risk assessment.
