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    #16
    Lastly,
    Don't send payment to anyone you don't have to.[/QUOTE]
    Who do i "have to" send payment too? The Charitable Trust? Or whoever they tell me I have to send payment to? Lease doesn't stipulate.

    Thanks

    Comment


      #17
      Originally posted by AndrewDod View Post
      To clarify: the FH doing their fire risk assessment has nothing at all to do with your obligations. Nor are your obligations any business if the FH unless the lease gives you some in terms of FH. You might for example have to get fire alarms as a landlord, but that is no business of FH to know about.
      So in your opinion, I shouldn't have to provide this information?

      Comment


        #18
        No, not unless the lease says you do (the law does not say you do). That is not to say you should not do your own fire risk assessment.

        Comment


          #19
          Originally posted by JK0 View Post
          I guessed there'd be a fee. How many times do we have to tell you? It's a lot of nonsense. Any fire risk assessment is down to the freeholder to do.
          The freeholder is responsible for the fire risk assessment of the communal areas. They are not responsible for that of the inside of the flat. The sub-landlord is responsible for fire risk assessing the inside of the flat. The responsibilities come from different legislation. Inside is covered by the Housing Health and Safety Rating System.

          Comment


            #20
            Originally posted by leaseholder64 View Post

            The freeholder is responsible for the fire risk assessment of the communal areas. They are not responsible for that of the inside of the flat. The sub-landlord is responsible for fire risk assessing the inside of the flat. The responsibilities come from different legislation. Inside is covered by the Housing Health and Safety Rating System.
            Once again, I believe you are mistaken. The two functions cannot be separated.

            Comment


              #21
              Originally posted by AndrewDod View Post
              To clarify: the FH doing their fire risk assessment has nothing at all to do with your obligations. Nor are your obligations any business if the FH unless the lease gives you some in terms of FH. You might for example have to get fire alarms as a landlord, but that is no business of FH to know about.
              Yes and no. The absence of smoke alarms in the flat probably doesn't affect the fire risk for the communal areas, but the absence of internal fire doors probably does.

              Comment


                #22
                Originally posted by JK0 View Post

                Once again, I believe you are mistaken. The two functions cannot be separated.
                The guidance documents are quite clear that the scope of communal area fire risk assessments doesn't give a general right to inspect the insides of flats. I'm not convinced that is right, because, a I said in my immediately preceding post, actions of sub-landlords can increase the communal area fire risk, and, whilst it may be impossible to force them to fix the problems they, arguable, should be taken into account, by making compensatory changes in the communal area measures.

                The guidance documents do say that the nature of the people using the building should be taken into account, although, unfortunately, fire risk assessors don't seem to take this as seriously as i think they should, and tend to say general needs flat dwellers, rather than person with moderate dementia, family with unruly children, criminal on rent to rent.

                I've looked at the sub-landlord guidance rather less, but that does seem to say that communal areas should be taken into account, but I rather imagine that hardly any landlords do that. Communal areas include things like the entrance doors to other flats, but by the reasoning given further up this reply, probably ought to also consider how the other flats have been modified and used.

                Comment


                  #23
                  Originally posted by leaseholder64 View Post

                  Yes and no. The absence of smoke alarms in the flat probably doesn't affect the fire risk for the communal areas, but the absence of internal fire doors probably does.
                  That is correct (that what goes on inside the flats is more relevant to Fire Risk that what goes on outside).

                  But the fact is that FH has no remit (or right) whatsoever to mitigate that risk (and certainly has no right to do so at the cost of the lessees unless the lease says so). FH probably has no right to enter a flat for the purpose of assessing that risk either. It might well be a defect in the legal structure of fire risk assessment - but that does not give FH the right to monetise it.

                  Banning smoking, candles and drug abuse in blocks of flats would no doubt reduce fire risk far more than any number of sham risk assessments.

                  Comment


                    #24
                    They have a duty to mitigate the risk, but can only do so by things they do within the communal areas, or by specific clauses in the lease (e.g. ones relating to the storage of inflammable materials in flats), or to complying with building regulations.

                    Most leases don't actually cover the cost of communal area fire safety, but it is a necessary cost. and I believe, any challenge would result in a successful application to have the lease varied as not providing an adequate standard of amenity. If that gets successfully challenged, I would expect new legislation to be forthcoming.

                    Drug use is generally banned by leases in that they normally have clauses against illegal and immoral purposes.

                    Comment

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