Fire, health & Safety Risk assessment, should I be paying?

[andi1981]

Hello.

I own leasehold one bed flat in a converted house.
My flat is on the first floor, below me on the ground floor is another flat.

Both flats share the same main front door, which leads into a small 2m x1m hallway, this hallway contains the front entrances to each flat and is the only shared part of the property.
The ground floor flat apparently has a leaseholder although I believe its actually owned by the freeholder who rents it out via the local council.

I'm had a few nightmares with my freeholders management company.
Insurance premiums being double any quote I find, overpriced agents admin fees and pay of else letters, and I've found if I question any of these issues I get a pay or else reply. The freeholder is a company (rather than single person) that is registered at the same address as the Management company.

Over the weekend out of the blue I recieved a letter from the MC requesting £264.38, 50% of the bill to carry out two surveys.
The first, Regulation 3 of the management of Health & Safety at work Regulations 1999 and the Fire Safety Regulatory Reform order 2005.

Should I be paying for this, both are aimed at small business properties which I am not. I could understand them being aimed at owners of properties which are being rented but I'm not renting my flat out. I live here.

I'm beginning to feel the freeholder is making me pay for the upkeep of the entire property.
and my main concern is that this is just a survey, Im sure the survey will then show up a requirement for expensive work to be carried out.

thank you in advance.
a

[leaseholdanswers]

Yes but no!

Write to the agent and explain that given the size and lack of complexity of the area involved, which they of course know having made regular inspections (ha ha bet they havent), what steps did they take to ensure the costs are fair and reasonable by seeking competative quotes for the assessment. Remind them that while the cost is less than the amount where they are reuired to consult under "section 20" ( see lease advise .org), they are still obligated to see that costs are fair and reasonable. Say you hope to resolve this and want to avoid going to LEASE mediation or the LVT.

(I assume there are no paths drives or gardens or outbuildings to look at as well.)

WHY :Any common area that could be a work place or where member of the public can access it has to be assessed for risk. While the assessor has to travel and complete certain formalities and record keeping which lead to a mimimum cost, it is a lot.

The average agent is not able to or trained to assess risk and even in a simple property, it is unlikely they will want to accept any liability.

1:If the agent knows their portfolio they should negotiate a concessionary fee amongst a package of others sites.

2: If the agent is inspecting regulary and there are no changes, then it need not be reassessed by an assessor regularly.