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Landlords are sometimes unable to fulfil duties because of restrictions and terms in leases of building occupants. It’s time for legislation to end this argues Jan Taranczuk
In her interim report, Dame Judith Hackitt identified a need to create a clear, adequate and statutory route for residents to raise concerns about fire safety.
She also highlighted the need to find a way to confirm the safety of a building whilst it is occupied and being maintained.
One of the challenges for many landlords is that their buildings are occupied by a mix of tenants and leaseholders, and their ability to effectively manage the safety of the building can be restricted by the various terms of the leases that exist.
“There is a concern that safety can be compromised by the unwillingness or lack of knowledge of some occupiers, and that current legislation is inadequate.”
It is an acknowledged ‘norm’ that health and safety at work is the responsibility of everyone. Employers must take their responsibility seriously, as must individual employees. Employers must also provide appropriate training for their employees.
Perhaps it is time to apply the same principles to residential housing, while being absolutely clear that landlords and freeholders hold the ultimate responsibility for the safety of a building.
The landlord’s responsibility for fire safety is identified in legislation through the ‘responsible person’.
While there continues to be some uncertainty about how that person can be identified when the building is owned by a private company – and that has to be resolved following the review – there is general acceptance that in the social housing sector that role is held by a senior executive or chair of the board.
While there has been much publicity about the “failings” of some landlords with regards to the management of fire safety, there have also been occasions where landlords are unable to fulfil their duties because of restrictions placed on them by the terms of the leases of building occupants. There is a concern that the safety of the building, and its occupants, can be compromised by the unwillingness or lack of knowledge of some occupiers, and that current legislation is inadequate.
It is generally accepted that the differences between leases (sometimes in the same building) are causing considerable difficulty in effectively managing safety generally.
For example, the Gas Safety (Installation and Use) Regulations 1998 require landlords to annually inspect supplied gas appliances.
The landlord can ensure that all the tenanted properties in a block are 100% compliant with regards to gas inspections, but may have no information about the safety of the gas appliances in flats occupied by leaseholders. It is the same for domestic electrical equipment and wiring tests, too.
“It would be very helpful if the creation of a legal status of a responsible occupier could supersede all lease terms and place a responsibility on the occupier to provide information to the landlord, irrespective of lease or tenancy.”
In addition, the leaseholder is not required to provide – or make available if requested – information to confirm that fire safety has not been compromised, and generally, the landlord has no right of access to check any element of fire safety that might compromise the building’s compartmentation.
It would be very helpful if the creation of a legal status of a responsible occupier could supersede all lease terms and place a responsibility on the occupier to provide information to the landlord, irrespective of lease or tenancy.
The responsibility would require the occupier to behave in a prescribed manner and have a legal duty to co-operate with the responsible person to maintain safety in a residential building.
It is not intended that the creation of the new status would affect the lease terms with regard to responsibility for the apportionment of costs, nor dilute, in any way the responsibilities of the landlord.
Jan Taranczuk, director, Jan Taranczuk Associates
Photo: Tom Pilston/Eyevine
Dame Judith Hackitt’s (above) interim report on building safety, released in December 2017, was scathing about some of the industry’s practices.
Although the full report is not due to be published until later this year, the former Health and Safety Executive chair has already highlighted a culture of cost-cutting and is likely to call for a radical overhaul of current regulations in an interim report.
Dame Hackitt’s key recommendations and conclusions include:
Read our in-depth investigation into how building regulations have changed over time and how this may have contributed to the Grenfell Tower fire:
In the days following the Grenfell Tower fire on 14 June 2017, Inside Housing launched the Never Again campaign to call for immediate action to implement the learning from the Lakanal House fire, and a commitment to act – without delay – on learning from the Grenfell Tower tragedy as it becomes available.
One year on, we have extended the campaign asks in the light of information that has emerged since.
Here are our updated asks:
GOVERNMENT
LOCAL GOVERNMENT
LANDLORDS