Leaseholders reponsibility

[Bill G]

Gents & ladies - I am seeking your collective wisdom.

Can a leaseholder of a flat be prosecuted for failure to provide a fire door to protect the common areas of a block of flats ( under the fire safety order). In this example the leaseholder has signed a lease which make them responsible for the front door. My thoughts are that the landlord ( as the RP) has a duty to undertake the FRA and from the FRA it would have been identified that the entrance door was wrong and should be changed. The leaseholder would be informed of their obligation to change the door etc by the landlord . But the leaseholder say NO. Who would potentially be pursued by the enforcing authority the Landlord or the Leaseholder ( or maybe both) .

To clarify I work for a social housing association and I am putting togther a policy on leasholder responsibilities. My feeling is that ultimatly the leaseholder is responsible but before I put pen to paper I am seeking your thoughts .

[Midland Retty]

Hi Bill

As with all answers here we can only generalise and the leasehold agreement needs to be specific in setting out responsibility of the leaseholder.

But the simple answer is yes, the leaseholder is responsible in your scenario.

The enforcing authority could pursue the leaseholder directly, or if there was a fire they may pursue the landlord in the first instance, and the landlord would then demonstrate that the commission of the offence was due to the act or default of some other person (leaseholder).

[kurnal]

Please include a term within your lease that doors must not be changed without the landlords permission and approval. Or quote the spec and require certs.

Try and place some control over altering the internal layout. Not allowed to knock down walls within flats etc.

As for liability I agree with Midland.

[AnthonyB]

The LGA guide has an example scenario covering this very issue as it is a common problem.

Basically it advises three letters and a face to face visit then request enforcement.

However it is considered more appropriate to invite the EHO to inspect with a view to enforce under the Housing Act 2004, which based on my experience with FRS makes sense as some won't get involved & try to bully the landlord into civil action rather than deal with the various householders...

[Bill G]

Gents

Thank you for your coments and advice, greatly appreciated.

[nearlythere]

Is this scenario similar to Kurnal's fire alarm system being interfered with?