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

  • Filter
  • Time
  • Show
Clear All
new posts

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


    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.

    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.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.


    Latest Activity


    • Reply to collective enfranchisement
      by flyingfreehold
      at risk of answering my own question, the leaseholder has to prove title which is a bit difficult if not registered........
      21-05-2022, 21:23 PM
    • collective enfranchisement
      by flyingfreehold
      Does a leaseholder have to be a registered proprietor to join a collective? Or is it sufficient for her/his/it to be a transferee whose interest is not yet registered?
      21-05-2022, 18:51 PM
    • Reply to Building works & S20 process
      by scot22
      It is relatively simple to administer process. However, definitely engage professional to define necessary work and project manage.

      If I can, anybody can.
      21-05-2022, 20:19 PM
    • Building works & S20 process
      by RichA
      Hi. I have a freehold after selling a leasehold flat in a block of 4 flats. We don't currently have a managing agent, so these duties currently fall to me (I am holding off appointing a managing agent whilst the leaseholders consider whether they want to RTM).

      The block needs some maintenance...
      21-05-2022, 17:20 PM
    • Reply to collective enfranchisement
      by Tipper
      21-05-2022, 18:59 PM
    • Reply to Levy
      by scot22
      Thanks Gordon. There was no info other than amount and invoice which explained nothing !
      21-05-2022, 17:16 PM
    • Reply to Share of feehold/shared service charges?
      by Macromia
      They are correct that the purchase of the freehold has no relevance (although it would allow the three of you to alter the leases if you are all in agreement).

      Unless you alter the leases you continue to split service charge costs according to what the terms of your leases say - sharing...
      21-05-2022, 17:14 PM
    • Changes to lease wording
      by bigalxyz
      In the process of buying freehold for our building. 9 participants (from 11 flats).

      Our solicitor will extend leases to 999 years for an additional fee if we want to. She has asked, as part of that extension process:

      “Are there any amendments that you are seeking to make...
      14-05-2022, 12:27 PM
    • Reply to Changes to lease wording
      by Lawcruncher
      If the leases are going to be for 999 years there is not a lot of point imposing a restriction in such terms. It is also open to interpretation. You have to decide first if you are going to allow subletting at all. That has to depend on what people want. If any owner already sublets then you cannot...
      21-05-2022, 17:09 PM
    • Reply to Levy
      by Macromia
      ...And it still going to depend on what it is for (and on what your lease allows to be charged for, and when.

      Service charge demands have to include details such as a service address for the freeholder, and have to be accompanied by an appropriate copy of 'leaseholders rights and responsibilities',...
      21-05-2022, 16:53 PM