enforcing the RRO with private dwellings in blocks of flats

[terry martin]

I have an interesting query about doors to flats in residential blocks of flats

Here’s the scenario

I own my own flat in a residential block. My front door leads directly onto the staircase. My front door is my property and my responsibility. The door is not a fire door.

an inspecting officer comes to do an audit of the common parts, and in accordance with the RRO, wishes to serve an enforcement notice under Article 14 for insufficient protection from fire to the M of E. the reason being that none of the doors to the private dwellings are fire doors.

As the order does not apply to the private dwelling, we cannot serve a notice on the owner, instead we serve the enforcement notice on the Managing agents.

 My question is-

How would this stand in Law? Can the Managing agent force the owner to comply and fit a new fire door.

If not, then how would this be resolved?

 Could it be the case that the Managing agents would have to provide an all singing and dancing Fire alarm system? I don't think this would be possible because the system would need to extend into the private dwellings to be sufficient.

I am certain there are thousands of properties out there like this

has anyone dealt with a situation like this? i would be interested to see how it was resolved

[The Colonel]

Terry

Have a look at the Compromised Fire doors thread in the fire safety section, this may shed some light on it. Noticed a problem with some flat doors whilst doing a fra and highlighted it to the managing agent who then came back with the question that I posted in the thread. Have now sent him all of the replies.

[JC100]

I work for a housing association and we currently have the problem of trying to find ways of trying to force this issue.

In the lease agreement, i am led to believe there is a clause saying that the resident is not allowed to do anything that endangers the other residents or damage the property. Maybe this is the way to solve this problem.

As this problem will be with leaseholders doors only, if they were to refuse to change doors, they would be expected to pay a proportion of the costs towards installing an alarm system and then the maintainance costs from then on.

Either way, i'm sure it will end up in court at some point.

As for who pays, was the door a fire door when the leaseholder moved in or was it themselves that changed it.

[terry martin]

thanks colonel, it seems this has been covered comprehensively in the thread you pointed out.

I find the comment made below, that i cut from that thread, very interesting. i think it's a very good point and one that would very likely stand up in a court room. i'm sure one day it will be tested.

Nearly agree Wizzer, but why are we back to this 'single private dwelling' question?, it has no relevance here. A notice could, I repeat could, be served on any person who has to any extent control. Now if that person happens to occupy a domestic premises, a notice coule be served on him as Kurnal correctly points out.