Leaseholders in purpose built flats

[longjohn]

Can anyone assist with this one regarding purpose built flats please.
The leasehold owner of the individual property is responsible under the terms of the lease, for all electrics, water, plaster, decorations and fittings within the property. In other words, if the property has a problem with its water sewerage or electrics, it is the responsibility of the owner of that leasehold flat to repair and maintain it.

Following a fire risk assessment the management company are to install  within each person’s individual properties automatic (5839 part 6) detection (which were not there before), and along with other matters  for both the flats and the common areas including upgrading of structural measures to bring the premises up to date. Also stay put evacuation etc.

My question then is: who maintains the smoke/heat detection in the flats once it has been installed? is it the case that the owner of the flat maintains the equipment as they maintain the other electrical equipment and wiring within their property. 
Or, does the Management Company, as the installer, need to maintain it?, and what would that maintenance entail? Would it entail having to test the equipment to ensure that it is working, and if so what happens when access is not given for that purpose? The ‘fire Safety in purpose-built blocks of flats’ guide: Appendix 13 (Three storey block with uncooperative leaseholders) gives a good example of the sort of thing management companies have to contend with but doesn’t quite answer my question. 

If the managment company and not the leaseholder are respesible then the provision of a remote test switch, with the test switch for each flat being in the common areas for ease of access seems to be the only other solution I can think of, I’m not familiar with how they work or show that the detector is working, do they all need testing weekly? Or can they be tested in rotation in the same way call points are in commercial premises.  Any help or advice out there in firenetland would be welcome!

[Phoenix]

The way you've described it, I believe that the detectors will be for the benefit of the respective flat occupiers, protecting the means of escape within each flat and that they will offer no protection to people elsewhere in the building who share the common escape route.

If you are enquiring as to who is responsible under the Fire Safety Order then, as these detectors have nothing to do with the fire safety measures protecting the parts of the building covered by this Order, their maintenance cannot be a requirement of the Order.

If you are enquiring as to who is responsible in a more general way then I should say that was down to the terms of the lease.

Stu

[longjohn]

Thanks, Yes I don't think its a Fire Safety Order matter, just within the flat, tricky one as the terms of the lease would not have mentioned detection unless it can be classed as part of other electrical equipment, although there must be something in the lease relating to fire protection even when built (70'S) under the buiding regs of the day I guess, I'll try and find out from the lease conditions, thanks.

[Midland Retty]

Hi Long John

You mention smoke and heat detection

I wonder therefore if the findings of the risk assessment recommend that AFD is required to protect the communal means of escape, due to lack of appropriate fire compartmentation for example?.

Are they low or high rise blocks?

If it is the case that AFD is required to protect the means of escape then I would question whether a stay put policy is the intended evacuation strategy.

If the AFD is required for the protection of the communal areas then the responsibility to maintain the system will fall to the freeholder / RP.

I would suggest that an obstructive leaseholder could be brought to book by the enforcing authority IF that leaseholder causes the Responsible Person to fail in their duties under the RR(FS) Order.

That said however it is a slightly more complex legal matter than, say, a leaseholder replacing their flat entrance fire door with a non f/r door.

If the risk assessment recommends single point smoke detection in the flats only, I would agree with Phoenix's reply above.

[longjohn]

Thanks, Yes it is the latter, just single point within the flats, Housing rather than RRO requirement. The local EHO hasn't given me much of an answer to this. it's not high rise, only three storey but four identical blocks. It is looking more and more like the responsibility of the leaseholder (if they were tenants life may be a bit easier in some ways). The management company have done thier bit with regards to the RRO requirements for the common areas and additionally installed the single point detection in the flats which they will no doubt arrange for the annual checks/servicing etc, but as to regular testing is it their responsibility?   
Thanks for your comment it is appreciated

[Midland Retty]

It would come down to the terms of the lease.

However as the standalone provision is only designed to protect the occupant of the flat, rather than everyone else, if the resident was responsible to maintain it (by virtue of their lease) or refuses to allow access for the RP to maintain it, they're only putting themselves / family at risk.

Therefore I don't see an RP or leaseholder being taken to court where a leaseholder won't allow access or won't maintain their own detector