Landlord doing fire risk assessment but naming leaseholder as responsible

[Guest Geoff]

We are buying a leasehold flat. The landlord completed the fire risk self assessment. However he named us as the responsible person. Is this correct? While I am aware that he can appoint a responsible person to assess the communal are, I do believe he should still be named as the responsible person. Can you please advise on this.

Thank you for your assistance.

[FireRiskPro]

The legislation states that the responsible person is "any person who has control of the premises" it is usually the case that a limited company is set up who owns the common parts, this limited company is then usually the responsible person (although there may be other parties who are also deemed to have control of the premises depending on the situation).

I would suggest that you have your solicitor look at the wording & the arrangements for ownership of the common parts as this can differ depending on the wording/arrangements of the contract/lease.

[Tom Sutton]

Do you and the other tenants hold the freehold of your flats and if so how do you provide for the upkeep of the common areas?

[Guest Lady_Luck]

Hi there, our managing agent recently completed a fire risk assessment for the common area a 2-flat townhouse. They gave us no awareness of this being done, but billed myself and the other leaseholder (the two flat owners) for the entire bill. Even if we legally need to foot some of this bill, doesn't the managing agent need to put in a third towards it too? Also, do we have a choice as to whom to choose to carry out such assessments, particularly when so costly ? Your help would be appreciated. Thanks.

[Tom Sutton]

First you have established who the Responsible Person of the common area is, according to The Regulatory Reform (Fire Safety) Order 2005. Article 3b applies and in this case it appears to be the managing agent who is required by law (RR(FS)O) to carry out a fire risk assessment. Who pays is not a fire safety matter but it should be detailed in your tenant agreement on the fees you pay to the managing agent. As FireRiskPro says I would suggest that you have your solicitor look at the wording & the arrangements for ownership of the common parts as this can differ depending on the wording/arrangements of the contract/lease.