London landlord jailed under RRO

14 October 2009

He admitted eight breaches of the fire safety regulatory reform order, which came into force in October 2006. The tenant, Abdualla Gardoon, died following a fire in a house in multiple occupation owned by Mr Parlak on Ruskin Road, Tottenham, in September 2007.
Mr Parlak accepted he had failed to make a suitable assessment of the risks in the property, put in place fire safety arrangements, provide fire safety equipment and adequate smoke alarms, ensure emergency exists and routes were clear, ensure his tenants were able to exit the building quickly, put up emergency exit signs and establish fire procedures.
Brian Coleman, chair of the London Fire and Emergency Planning Authority, said the case showed landlords and businesses must take their responsibilities under the regulatory reform order seriously.
‘The London Fire Brigade works hard to bring irresponsible companies and individuals to court, which can, as this case has shown, result in a custodial sentence,’ he added. A spokesperson for London Fire Brigade told EHN it was believed to be the first custodial sentence in the country under the fire reform order. The LFB has also successfully prosecuted a Hillingdon property manager after two tenants had to jump out of a window of a HMO because their escape route was blocked by thick smoke.
Armajit Singh, who was managing the property on Wood End Green Road, Hayes, for his uncle, was found guilty of seven breaches of the fire safety regulatory reform order at Uxbridge magistrates court in December. He was fined £5,600 and ordered to pay costs of £7,300.
The tenants, a man and a woman, were woken by the blaze in September 2007. The staircase was engulfed by thick black smoke so they smashed a first-floor bedroom window and jumped out. The woman broke her ankle in the fall and the man suffered deep cuts to his hands. Fire safety inspectors visited the building after the fire and found there were no smoke alarms, fire extinguishers or fire resistant doors.
Steve Turek , assistant commissioner for fire safety regulation, said the tenants could have died. ‘The property had no smoke alarm or an accessible means of escape and this incident could have resulted in a death or more severe injuries to the occupants. It is important for people who are responsible for managing properties to know that they can be held to account for fire safety failures that are within their control,’ he said.
Kevin Thompson, CIEH policy officer, said the prosecutions showed complex fire safety laws could be overcome. ‘Fire safety legislation for housing is complex in that there are overlapping powers shared between local housing authorities and fire and rescue authorities. These successful prosecutions demonstrate how this need not be a problem,’ he said.
The CIEH urged councils and fire brigades to sign up to its Fire Safety Protocol to put in place ‘reasonable and appropriate fire safety precautions’ in the private rented sector. ‘The Lacors/CIEH/ Chief Fire Officers Association fire safety guidance informs landlords how to achieve this and avoid the need for enforcement action such as this,’ added Mr Thompson.
Derek Allen, Lacors executive director, said: ‘It’s sad that it takes a fatality to bring the spotlight onto the significant hazard that fire represents. Councils can help landlords by pointing them to the national guidance.
By raising landlords’ awareness, further fatalities in rented accommodation can be avoided.’ The Regulatory Reform Order (Fire Safety) 2005, which replaced more than 70 pieces of fire safety legislation, requires any person who exercises some level of control in a property to take reasonable steps to reduce the risk from fire and ensure occupants

Source CIEH

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