A Serious Reminder of Fire Safety Duties in Residential and Mixed-Use Buildings
A prosecution in Reading has highlighted the serious legal responsibilities placed on leaseholders and landlords, particularly where residential accommodation is provided above commercial premises.
The case demonstrates how failures in basic fire safety management can place lives at risk — and result in criminal sentencing, even where the responsible person is not a large company or portfolio landlord.
The incident stemmed from a serious fire that broke out in a flat above a business on Oxford Road, Reading, and led to enforcement action by the local fire authority.
What Happened?
On 28 November 2018, a serious fire broke out in the early hours of the morning in a bedroom of a flat located above Istanbul Foods Centre on Oxford Road, Reading.
At the time of the fire, the flat was occupied by staff working at the shop below. Fortunately, the occupants were able to escape the property before being treated at the scene for smoke inhalation.
The potential consequences of the incident were severe.
Fires occurring at night, particularly in sleeping accommodation above commercial premises, present a heightened risk due to delayed detection, blocked escape routes, and unfamiliar layouts.
Post-Fire Investigation Findings
Following the incident, a detailed post-fire investigation was carried out by Royal Berkshire Fire and Rescue Service.
The investigation concluded that the flat suffered from multiple serious fire safety deficiencies, all of which contributed to the level of risk faced by the occupants.
These deficiencies were not minor technical oversights — they represented fundamental failures to comply with the Regulatory Reform (Fire Safety) Order 2005.
Fire Safety Breaches Identified
The investigation identified a number of serious breaches, including:
No Fire Risk Assessment
The leaseholder had failed to carry out a suitable and sufficient Fire Risk Assessment, meaning hazards were not identified, and risks were not properly managed or mitigated.
No Fire Detection or Alarm System
The flat was not equipped with adequate fire detectors or alarms. In sleeping accommodation, early warning is essential to allow occupants to escape before conditions become life-threatening.
No Firefighting Equipment
There was a failure to provide appropriate firefighting equipment, such as fire extinguishers, which could have assisted in controlling a small fire in its early stages.
Blocked Escape Route
Perhaps most critically, the escape route from the flat was blocked, preventing safe and unobstructed evacuation. In a fire situation, blocked escape routes can be fatal.
No Emergency Plan or Evacuation Procedures
There was no emergency plan, and no evacuation procedures in place. Occupants had not been given guidance on how to respond in the event of a fire.
Court Proceedings and Sentence
The defendant, Mr Sedat Yilmaz, of Oxford Road, Reading, pleaded guilty to five charges under the Fire Safety Order.
On 23 November 2021, at Reading Crown Court, Mr Yilmaz was sentenced to:
- 200 hours of unpaid community service
- Full prosecution costs awarded to the Fire Authority
The sentence reflected the seriousness of the breaches and the level of risk posed to the occupants.
Fire Authority Statement
Councillor Colin Dudley, Chairman of Royal Berkshire Fire Authority, commented:
“This sentence sends out a message that leaseholders and landlords must take fire safety seriously.
While we will always seek to work with business owners to maintain fire safety standards in premises with prosecution considered as a last resort, we do also have a duty to keep our communities safe and this case is evidence that if our residents are put at risk, we won’t hesitate to prosecute.”
This statement reinforces a consistent enforcement approach: support first, prosecution where serious risks remain.
Why This Case Is Important
This prosecution is particularly relevant to:
- Leaseholders of flats above shops
- Landlords providing accommodation for staff
- Owners of mixed-use buildings
- Small-scale property owners who may not see themselves as “commercial landlords”
The Fire Safety Order applies regardless of property size. If you have control over premises where people live or sleep, you have legal fire safety duties.
This case also highlights that:
- Residential accommodation above commercial units carries increased fire risk
- Escape routes must be protected and kept clear at all times
- Informal arrangements for staff accommodation do not reduce legal obligations
Key Lessons for Leaseholders and Landlords
This case reinforces several critical fire safety principles:
- Fire Risk Assessments are a legal requirement
- Fire alarms and detection are essential in sleeping accommodation
- Escape routes must never be blocked
- Emergency procedures must be in place and communicated
- Responsibility cannot be ignored or assumed to sit elsewhere
Fire safety failures are often only uncovered after a fire has occurred — when the consequences can be life-threatening.
Read the Original Fire Authority Report
For the full Royal Berkshire Fire and Rescue Service article, see:
🔗 https://www.rbfrs.co.uk/latest-news/2021/reading-leaseholder-sentenced-for-fire-safety-breaches/
Need Expert Help with Fire Safety Compliance?
Cases like this demonstrate why leaseholders and landlords must work with competent fire safety professionals, particularly in residential and mixed-use buildings.
At ESI: Fire Safety, our fire safety professionals support landlords, leaseholders, and managing agents across Berkshire, Surrey, and Hampshire.
We can help with:
- Fire Risk Assessments for flats, HMOs, and mixed-use properties
- Advice on fire alarms, escape routes, and emergency planning
- Clear, prioritised action plans aligned with enforcement expectations
- Ongoing compliance support for landlords and property owners
Our approach is built on experience, competence, and a commitment to no shortcuts in safety.
If you are responsible for a flat, rental property, or mixed-use building and are unsure whether your fire safety arrangements are compliant, act now — before enforcement action or a serious incident puts lives at risk.