Fire safety Enforcement Notice

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    Fire safety Enforcement Notice

    Dear all,
    I have very recently purchased a purpose-built Leasehold flat in East London. The block of c.80 flats was built in about 2005.
    I have since discovered that the Freeholder's Managing Agents were served a Fire Safety Enforcement Notice earlier this year. The compliance deadline is September. The existence of this Enforcement Notice was not disclosed by the Managing Agents in the pre-contract enquiries (even though they knew about it.)
    I have also discovered that the Freeholder's Managing Agents were served a previous identical Enforcement Notice back in 2010, but this does not appear to have been complied with.

    I have several worries:
    1. That the Enforcement Notice invalidates the Freeholder's buildings insurance, or that there will be an exclusion in the policy, effectively meaning that the block is uninsured. If this is so, then surely the Freeholder will be in breach of the lease by failing to insure? (I have tried, so far unsuccessfully, to get a copy of the full insurance policy to check for exclusions.)
    2. That the cost of the remedial works in order to comply with the Enforcement Notice will be significant and will obviously be passed on to the Leaseholders.
    3. That the Freeholder's Managing Agents failed to comply with the Enforcement Notice in 2010 and will therefore simply fail to comply again. According to various online forums, the Freeholder has a bad reputation.
    4. That all this will affect the resale value of the flat, and that a prospective purchaser's lender may be unwilling to take a mortgage over a flat in a block which does not meet fire safety requirements.

    Has anyone experienced a similar situation?
    How can the Leaseholders force the Freeholder/Managing Agents to comply with the Enforcement Notice?
    What action can the Leaseholders take if the Freeholder/Managing Agents fail to comply?
    Any advice or thoughts would be much appreciated.
    Thanks,
    Tony

    #2
    Tony, just read this one if you want to inbox me with your contact details I'd be happy to offer you some advice that may help once i know more details.

    Darren

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      #3
      Thanks Darren. I'll send you my contact details. Tony

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        #4
        Originally posted by Darren Baird View Post
        Tony, just read this one if you want to inbox me with your contact details I'd be happy to offer you some advice that may help once i know more details.
        As 'Topic Expert' Darren, shouldn't that discourse take place on the forum where the rest of the readership could benefit from your comments/expertise?

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          #5
          Originally posted by Snorkerz View Post
          As 'Topic Expert' Darren, shouldn't that discourse take place on the forum where the rest of the readership could benefit from your comments/expertise?
          Valid point! It was just the time taken to address the issues given the complex nature I would have been typing for England!!

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