responsibility for enforcement

[borobarmy]

Work in local fire brigade fire engineering  and we are targetting flats in multi storey premises close to seaside. We have noticed that when we are picking out problems and in some cases producing enforcements we are getting lots of finger pointing about who is responsible for common areas . Sometimes we cant get even get flat owners identity when they are let out  and wondering if any other dept have come across this and what you did . Cheers muchly 

[wee brian]

there's something in the Miscelaneous provisions act about requireing owners deatils (I think) we used to use it in Building Control.

[CivvyFSO]

Find out who the tenants pay their rent to, sent that company/person a letter requesting the name/address of the owner, stating your powers under the RRFSO with specific regards to identifying the responsible person 27(1)(b), stating that it is an offence to either obstruct an inspector 32(2)(d) (i.e. If they do not reply) or make a statement they know to be false. 32(2)(c) Remember that even a tenant could be guilty of an offence of obstructing an inspector, it doesn't have to be a responsible person or a person having control.

If they fail to reply after a few attempts, go for a prosecution for obstructing an inspector. I believe that a few FRS's do this on a relatively regular basis and succeed in the prosecutions. (Often getting the same person on a few accounts of obstructing an inspector by virtue of them ignoring multiple letters) Whether they would go for it against a tenant that is a different matter.

In these situations I think it is prudent to always go for the owner with regards any notice in flats. (Regardless of who they contract out the management to and the level of responsibilities under the contract.)

[Demontim]

Use Article 27 (1)b

Powers of inspectors
27. —(1) Subject to the provisions of this article, an inspector may do anything necessary for the purpose of carrying out this Order and any regulations made under it into effect and in particular, so far as may be necessary for that purpose, shall have power to do at any reasonable time the following—

(b) to make such inquiry as may be necessary for any of the following purposes—
(i) to ascertain, as regards any premises, whether the provisions of this Order or any regulations made under it apply or have been complied with; and
(ii) to identify the responsible person in relation to the premises;

Any problems and they are potentially commiting the offence of obstruction

[Clevelandfire 3]

is this more about a privately owned block of flats where there isn't one common landlord but all owners jointly share responisbility for the common areas?

[Mike Buckley]

If the flats are privately owned and occupied then either the electoral roll or land registry should be able to give you the name of the owner.

If the owners share joint responsibility then do the lot of them.