Landlord fined for breaching Regulatory Reform (Fire Safety) Order 2005

Photograph: Cheshire Fire and Rescue Service

Berrington appeared at Warrington Magistrates’ Court on 7 August charged with failing to comply with an enforcement notice issued by the Cheshire Fire and Rescue Service.

Prosecuting, Warren Spencer (managing director of Blackhurst Budd Solicitors), informed the court how Berrington had failed to co-operate with inspecting officers after they found breaches of the Fire Safety Order relating to a flat door at his property located 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 the building, and missing fire door fixtures that increased the risk of fire and smoke spread.

Following an initial visit on 20 May 2021, inspecting officers from the Cheshire Fire and Rescue Service advised Berrington to rectify the issues identified with the door. They served an Enforcement Notice on 7 June 2021. When they eon 6 September that year for a further inspection, they found Berrington had failed to comply with its Terms and Conditions.

Additional visits

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

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

Area manager Steve McCormick, head of prevention and protection at the Cheshire Fire and Rescue Service, explained: “Fire safety is an essential part of good property management. Adam 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.”

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