Reponsible person

[Mushy]

Hi

The responsible person who must ensure that a FRA is carried out is the person 'in control' of the premises...owner /occupier etc

To ensure it's medical students have accomodation a hospital rents a HIMO from it's owner and allocates the rooms to the students... The students in turn pay rent to the hospital.

The owner carries out all the repairs etc.

Who is reponsible to ensure the FRA is done...the hospital or owner?

Ta

[nearlythere]

I would suggest the hospital as it is providing the accommodation. It has rented the HMO to lease to it's students and is therefore to any extent in control of it. IMHO.

[FSO]

Im afraid this one will depend on agreements of tenency.

The hospital will be the employer, but to what extent do they have control? Can they replace the AFD for example?

Start at the freeholder and work backwards.

[wee brian]

I agree, its probably the owner, not the hospital.

The hsop mya have some responsibility though, are the students employees?

[Mushy]

Im afraid this one will depend on agreements of tenency.

The hospital will be the employer, but to what extent do they have control? Can they replace the AFD for example?

Start at the freeholder and work backwards.

The hospital used to repair things in the Himo and send the bill to the owner but that was a palava so now the owner does all the repairs/alterations...the owner does all the AFD's etc

[jokar]

Owner then.

[Tom Sutton]

Because its not a workplace I would say Art 3(a) doesn't apply. Because the hospital rents the premises and doesn't run the HMO in connection with the carrying on of a trade, business or other undertaking (for profit or not), the owner does. Therefore IMO Art 3 (b) (ii) applies and the owner is the RP.