Legal Requirements for communal arears

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    Legal Requirements for communal arears

    Hi does anyone know if it is a legal requirement for smoke detectors and emergency lighting in the communal hallway and stairs area of leasehold flats.

    If it is a requirement, do the smoke detectors have to be hardwired in?

    many thanks

    #2
    Originally posted by MPA View Post
    Hi does anyone know if it is a legal requirement for smoke detectors and emergency lighting in the communal hallway and stairs area of leasehold flats.

    If it is a requirement, do the smoke detectors have to be hardwired in?

    many thanks
    In many cases yes. It depends on the construction size and design and use risks. In a small new block with clear escape routes, battery systems regularly checked might be adequate, but a hardwired system will show as a fault immediately, and does not rely on cheap"value" battteries. The preference is to have heat detectors as they are not subject to the burnt toast false alarm.

    How do you solve it?

    Any person in control a landlord, residents management company, right to manage company, has a legal obligation to carry out
    A health and safety, workplace, risk assessment of the common areas
    a fire risk assessment

    This will make specific comments on actual requirements and recommended actions.

    Find a local surveyor/consultant that do these but do not use a firm that is also a contractor installing fire alarms etc. You cannot tell if they are giving unbiased advice or a sales pitch.
    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.

    Comment


      #3
      many thanks.
      I do have another question which is how long could a freeholder backdate service charges he had never collected or requested.

      Comment


        #4
        18 months assuming you've never had a valid invoice or formal notice that you'd be required to pay sometime in the future.
        I am not a solicitor, I am a lessee/shareholder in conflict with the management. Please seek your own legal advice before relying on my comments in this forum!

        Comment


          #5
          I understand "In these cases a statutory time limit applies: the landlord must issue the demand within 18 months of his incurring the cost. If the demand is provided later than this, the landlord cannot recover the costs at all, unless a notice is served during the 18 months stating that costs have been incurred and that the tenant will be required to contribute to them by payment of a service charge." (Leasehold Advisory Service 5/11/10)

          Also as far as fire alarm is concern if you contact your local council building enforcement officer s/he would carry out an assessment for free, however your landlord may get slaped with an improvement notice under the Housing Act 2004, therefore only use this if you want fire alarm and can afford cost because council will force landlord.

          Kaz

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