Fire Safety - Who's responisble?

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    Fire Safety - Who's responisble?

    Hi all,

    Would appreciate if anyone could answer the following:

    - There is no mention whatsoever about the Fire Safety and who is responsible for such in my lease agreement.

    Who is financially responsible for obtaining the Fire Risk Assesment and act according to the plan provided in such i.e Install fire doors, sprinklers, fire extinguishers etc.


    As in most responses, depends on the lease.
    My understanding is Freeholder legally responsible and costs recoverable from leaseholders.


      We are all responsible for safety matters. Leaseholders, Freeholder, visitors, passing pedestrians, etc etc
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


        I agree. However, I think UP looking for legal not ethical responsibility.


          Originally posted by scot22 View Post
          I agree. However, I think UP looking for legal not ethical responsibility.
          I am indeed and thank you for the prompt response.


            Originally posted by boboligogo View Post
            - There is no mention whatsoever about the Fire Safety and who is responsible for such in my lease agreement
            Of course there is no mention in your lease about Fire safety.
            There is no mention about speed restrictions, or a copy of the Highway code when you lease a car.

            As the law stands, a Fire safety report has to be done.
            An asbestos report also, for the common parts .

            These reports have to be done, and is part of the service charges, in order to maintain the building.
            In larger properties, one may employ a surveyor to itemise jobs that may need doing, because people who have no experience in property maintenance, or no aptitude to even recognise faults, employ a surveyor
            The freeholder ( Landlord ) of the building ( whole building and grounds ) has to comply with all laws appertaining to leasehold buildings at the current time.
            All these checks need paying for, and are put onto the service charge account.

            The leaseholders end up paying.

            A fire safety check / investigation can be done by a "Responsible person" but you better have a good track record of doing such things / past management for people to trust a leaseholder with their lives and safety. That's why a "so called" professional does a fire inspection check.

            Asbestos in common areas is a specialist job, and can entail drilling holes in partitions and sending off the sample to analyse for asbestos .

            These checks are part and parcel of leasehold buildings.


              The occupier of the flat is responsible for the fire safety of the inside of the flat, but is not criminally responsible (although they may be criminally responsible if they remove internal fire doors, under building control legislation.

              The owner of the flat is responsible for fire safety, even if they are not the occupier. If not the occupier, they may be criminally responsible. In that case, they are also responsible for making allowances for fire safety defects in the communal areas and other flats. That means that if you are a sub-landlord, you are likely to be responsible for the cost of making the flat safe. That will involve doing a fire risk assessment, although, in the case of occupancy by a single family, that probably doesn't need an outside professional.

              One or both of these are responsible for cooperating with the person responsible for the communal areas where the fire safety of the communal area, is impacted by the state of the flat. This particularly relates to the flat entrance door, if it is not already a maintenance responsibility of the freeholder/management company. This is a criminal liability.

              The person responsible for maintaining the communal areas is responsible for fire safety of the communal areas, and for liaising with residents and owners of flats. This is a criminal liability.

              In the case of the responsibilities for the communal area, I believe the legal position is that not being fire safe constitutes not providing an adequate standard of accommodation, making the lease defective, and eligible for any party to request the FTT to vary it without needing even majority consent. In practice no-one actually bothers getting the lease varied. They simply proceed on the basis that they could get it varied, retrospectively. In practice, this means that those people who pay for the maintenance of the communal areas are responsible for paying for risk assessments and remedial work.


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