FPA | A prosecution was brought by East Sussex Fire and Rescue Service (ESFRS) in relation to a House in Multiple Occupation (HMO) in Brighton.
On 20 July 2026, Markandayar Gowrikaran was fined £3,875, including the statutory victim surcharge, after pleading guilty to offences under the Regulatory Reform (Fire Safety) Order 2005. He was also ordered to pay £7,075.31 to ESFRS in respect of investigation time and associated costs.
The prosecution related to 20A St James Street, Brighton, where Gowrikaran had control of premises operating as an HMO. The court heard that he failed to implement the general fire precautions required under fire safety legislation, exposing occupants to increased risk in the event of a fire.
Under the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person has a legal duty to ensure, so far as is reasonably practicable, the safety of relevant persons from fire. This includes undertaking and regularly reviewing a suitable and sufficient fire risk assessment, maintaining fire safety systems and equipment, keeping escape routes available and protected, and providing appropriate information and training where necessary.
Fire Safety Inspecting Officers first attended the premises on 14 February 2023 after concerns were raised by the local authority about the storage of fireworks within the ground-floor commercial unit. During the inspection, officers identified a range of significant fire safety deficiencies affecting the residential accommodation above.
Among the issues identified were faults displayed across multiple zones of the fire alarm control panel, missing smoke detector heads, and a manual call point that had not been securely fixed. Inspectors also found that a fire-resisting door protecting the means of escape had been removed, combustible materials were being stored in communal escape routes and on an external fire escape, and a kitchen door opening onto the escape route failed to self-close properly. An electrical intake was also found to be inadequately protected, with no suitable securing or fire-resisting enclosure in place.
According to ESFRS, these deficiencies were brought to Gowrikaran’s attention, together with the requirement to undertake a fire risk assessment. However, despite informal advice, formal enforcement notices, and several follow-up inspections, insufficient progress was made in addressing the deficiencies. Inspections carried out between February and December 2023 continued to identify many of the same failings, with substantial remedial work not being completed until early 2024.
ESFRS stated that by failing to rectify the identified shortcomings within a reasonable period, occupants of the HMO were exposed to heightened danger, with the service noting that a fire originating in either the kitchen or electrical intake could have spread more rapidly because of the absence of adequate fire precautions. In addition, the presence of combustible materials in escape routes also increased both the potential for fire development and the risk of obstructing residents attempting to evacuate.
Commenting on the case, ESFRS Station Manager (Legal and Enforcement) Jake Kaye said: “Those responsible for fire safety have a legal duty to carry out and record a suitable and sufficient fire risk assessment. Effective fire safety management is essential to reduce the likelihood of fire occurring and to ensure that, should a fire happen, it can be detected quickly and occupants are able to escape safely. Escape routes must be kept clear and protected at all times.
“We continue to find that many Houses in Multiple Occupation with shared communal areas do not have a suitable fire risk assessment in place. This remains a significant concern because the fire risk assessment is fundamental to identifying the measures needed to protect residents.
“We hope this prosecution serves as a reminder that those responsible for fire safety must comply with their legal duties and with any enforcement action taken by the Fire Authority. Where they fail to do so and place people at risk, we will take appropriate enforcement action.”
