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Push chair in escape route

Guest Phoebe

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Guest Phoebe

I am the freeholder of a Victorian Terrace split into two flats. So I have a lease with the owner of the downstairs flat, but own the freehold of the whole property. He rents to tenants who have a pushchair in the corridor. I have manoeuvred past it for 3 years, but now have a bad back, and carrying things past it is extremely frustrating. I asked them to fold it and they said no. So I asked their landlord. He asked the managing agent to tell them to fold it. I chased this and was told they have folded the pushchair and she and the landlord are happy this is resolved. I told her they hadn't folded it. She said she 'is no longer involved'. Is there a law that says the freeholder is responsible for fire hazards? Or is there some way I can make them move it for a reason such as this? 


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As the freeholder of the building, consequently the owner, I think you are the Responsible Person according to The Regulatory Reform (Fire Safety) Order 2005 and subject to its articles. Article 14.-(1) states, Where necessary in order to safeguard the safety of relevant persons, the responsible person must ensure that routes to emergency exits from premises and the exits themselves are kept clear at all times.

Because the infringement is caused by somebody else and you have done in your power to prevent the infringement, you have a defence and the other person is responsible.

This is complicated situation you need legal advice from a lawyer who specializes in  fire safety like http://www.safetylawyers.co.uk/fire-safety/  but I am sure there are others and I am sure there would be able to give advice how to proceed to resolve the matter.

Check out Responsible Person (Duty Holder) in flats or maisonettes.

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