Belongings / rubbish in communal areas in flats in social housing

[JC100]

Under emergency routes and exits in the RR(FS)O - 14 (1) it says the RP must ensure that routes to emergency exits from the premises and the exits themselves are kept clear at all times.

I don't think its the landlords fault in many cases as they are trying to get these issues resolved but can't, prosecuting them on that wouldn't acheive anything. As many letters you send, warnings you give, attempts to remove, it will probably all end up with the same result...if people want to keep things in communal areas, they will find ways to do it.

Until law is passed that landlords are allowed to remove items on the spot (extremely unlikely) i think the problem will remain.

[Tom Sutton]

I think using Article 32 of the RRO against the tenants would be very tenuous and prosecuting the managing agents would be grossly unfair considering all the efforts they have expended.

All the managing agents can do, is to continue trying to keep on top of the problem, hoping one day the tenants will realise it’s only themselves and their neighbours they are putting at risk.

[nearlythere]

Under emergency routes and exits in the RR(FS)O - 14 (1) it says the RP must ensure that routes to emergency exits from the premises and the exits themselves are kept clear at all times.

I don't think its the landlords fault in many cases as they are trying to get these issues resolved but can't, prosecuting them on that wouldn't acheive anything. As many letters you send, warnings you give, attempts to remove, it will probably all end up with the same result...if people want to keep things in communal areas, they will find ways to do it.

Until law is passed that landlords are allowed to remove items on the spot (extremely unlikely) i think the problem will remain.

I'm not saying to prosecute the landlords provided they have shown due diligence. I'm suggesting that a way of prosecuting the offending tenants could be explored.

[nearlythere]

I think using Article 32 of the RRO against the tenants would be very tenuous and prosecuting the managing agents would be grossly unfair considering all the efforts they have expended.

All the managing agents can do, is to continue trying to keep on top of the problem, hoping one day the tenants will realise it’s only themselves and their neighbours they are putting at risk.

And why not prosecute the tenants? If the landlord did not should due diligence should he be prosecuted?

[JC100]

I suppose the other option for landlords would be to try to enforce under the tenancy agreement, with possibly fines (although most are on benefits so would not be paid) and possibly threaten and pusue eviction in cases that were serious and repeat offenders and house the occupant elsewhere. Not sure how that would stand legally though and i can't imagine it would look too good in the papers either!

[Tom Sutton]

The point I am trying to make is, the tenants in my opinion are not subject to any fire safety legislation and using Article 32 would be grasping at straws, if that is so then nobody can prosecute them.

Using the tenant’s agreement, education or persuasion would be a much better solution but how successful this would be is another matter.

[JC100]

So in your opinion, do you think it would be unreasonable for the fire brigade to enforce the landlord over a matter which is difficult / if not impossible to control even though it is in an area which is covered by the RR(FS)O?

Any inspecting officers come accross this issue and if yes, out of interest, how did you pursue it?

[Tom Sutton]

I do, (sorry those words frighten me ) providing the landlord is doing every thing possible then I would consider it unjust to prosecute, also I think article 33 would back me up.