Can I claim for rehousing costs after fire safety failures?

Can I claim for rehousing costs after fire safety failures?

A construction worker and an orange question mark in front of a building
12:01 AM, 8th May 2025, 11 months ago 8

Hi, I need advice on my rights and who is responsible for the following. Two weeks ago, my tenant was forced to leave my flat as the local fire brigade said the building had failed the fire safety test and could not live there any more.

I had to pay to accommodate the tenant in alternative accommodation while they try to sort the issue. My question is, who is responsible for ensuring building safety? I assume it would be the block management or owner.

As a leaseholder, I am paying these extra costs. In these circumstances, what are my rights, and can I claim compensation from the block management or owner? I am very upset that I am being penalised as the leaseholder for the building not complying with fire safety standards.

It makes me wonder what I pay the annual service charge for, obviously not to cover the building’s fire safety standards. I have contacted the. landlord insurance company to see if I can claim for the re-housing costs over £1,200 already, but I don’t think it covers this issue.

Any advice would be grateful as it is very frustrating not getting straight answers from my management company or the block management company.

Thanks,

Colin


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Comments

  • Member Since October 2022 - Comments: 403

    1:25 PM, 8th May 2025, About 11 months ago

    Who and how were you informed that your block was uninhabitable?

    Have you been in communication with the other residents?

    You suggest the local fire service informed you. How did they identify you as a Leaseholder and get your name and address?

    Are you sure this is genuine?

  • Member Since March 2015 - Comments: 1

    3:58 PM, 8th May 2025, About 11 months ago

    Sorry if I was not very clear

    Yes, it geniue. What not told directly but was informed by the tennant

    Don’t know how other tennants are dealing with this issue, only they are in the same boat as me
    The Block management left notification at the property reception telling all residents that the building is uninhabitable due to the fire risk assessment failure and would need to find other property until the issues has been resolved between themselves & the local fire brigade. A new fire assessment would have to be initiated after all raise issues had been sort before letting any tennants back in

  • Member Since November 2017 - Comments: 261

    4:48 PM, 8th May 2025, About 11 months ago

    Has any indication been given as to the reason for the fire brigades decision? If the work to bring things upto the required standard is going to take significant time, it might be sensible to terminate your tenants lease, even assist them in their search with costs etc so that you minimise your costs.

  • Member Since October 2022 - Comments: 403

    6:06 PM, 8th May 2025, About 11 months ago

    You are only liable to whoever is named as landlord for the costs set out in your lease agreement. This will include block insurance which will cover premiums and include cover for fire and alternative accommodation.

    You are not liable for costs for alternative accommodation unless your tenant caused the fire and that will fall under your own landlord insurance covering your own tenant.

    You have the right to check the landlord has paid the insurance premiums under s 21(1) Landlord & Tenant Act.

    Contact Leasehold Advisory Service for a template of notice to be served on the Landlord and check the landlords performance obligations set out in your lease a legally binding contract.

    You need to get together with the other tenants and co-ordinate your action.

  • Member Since August 2013 - Comments: 323 - Articles: 1

    9:50 AM, 9th May 2025, About 11 months ago

    You might find that your ability to fulfill your tenancy agreement has been “frustrated” by the fire service which is beyond your control and responsibility. In which case you have no obligation to provide and pay for alternative accommodation or continue the tenancy. Check out “frustration” as a legal term.

  • Member Since September 2023 - Comments: 92

    10:13 AM, 9th May 2025, About 11 months ago

    Reply to the comment left by Steve Masters at 09/05/2025 – 09:50
    I think that might be a difficult argument against a statutory duty conducted by the fire service as an agent. Roads lead to the FH dependent on their compliance and adherence to the fire regs. Base check would be when was the last check conducted, have they been delinquent in keeping up checks and maintaining their understanding of compliance versus the current state.

  • Member Since October 2020 - Comments: 1137

    4:27 PM, 9th May 2025, About 11 months ago

    I suspect that this is an insurance issue unless you have a clause in your tenancy allowing the contract to be frustrated due to the property being uninhabitable.

  • Member Since January 2024 - Comments: 12

    10:12 AM, 10th May 2025, About 11 months ago

    Being a fire safety enforcement officer for the fire service, I’m struggling to fully understand how this has come about.
    If the FS thought fire safety was so bad we would prohibit the premises and everyone would have to leave there and then.
    This doesn’t appear to be the case nor would I suspect a block of flats would ever be prohibited as the risk just isn’t there. So I would ask to see the fire service report, is it an enforcement notice…. Deficiencies notice? Ur management company would be seen as responsible persons and they should have conducted a fire risk assessment for the common parts and provided that to u. Remember this is only for the common part of building the fire service have no control of ur own home. So I’m struggling to understand why u would need to leave?
    The fire service will work along side to improve matters where needed, I get the feeling ur management company don’t understand…. Hence not fulfilling their fire safety obligations in first place and now not understanding what the fire service have asked of them.

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