Howard Myers

Registered with Property118.com
Saturday 14th September 2013


Latest Comments

Total Number of Property118 Comments: 5

Howard Myers

11:32 AM, 15th September 2013
About 8 years ago

Our flat could have caught fire

Reply to the comment left by "Mark Alexander" at "15/09/2013 - 11:12":

Extracted from Hannah's initial post: "Just before the end of our summer term (2013) we decided to let our Letting Agent" and that implies the legal responsibility to that Letting Agent who is acting on behalf of an owner/landlord.

However, there should be a contract between the owner/landlord and the Letting Agent specifying all the intricate details and determinations of all the legal requirements and responsibilities.

Unfortunately we are not privvy to the details of that contract....

Hannah does appear to be properly isolating the power (unfortunately we cannot see the acutal cooker installation) and documenting activites. In all undertakings in society today, the CYA (cover your assets) principle is paramount. There are a whole bunch of litigation solicitors waiting to be fed......... Read More

Howard Myers

8:08 AM, 15th September 2013
About 8 years ago

Our flat could have caught fire

Reply to the comment left by "Jay Jay" at "14/09/2013 - 18:45":

My comments are totally relevant and if you don't understand the legal responsibilities or if you are not a "competent person" it would be advisable to not get involved in a debate on the subject of fire safety.

If you are involved as an owner/landlord/managing agent I would strongly advise you to obtain and thouroughly read the LACORS guide on housing fire safety (guidance on fire safety provisions for certain types of existing housing) and the RRO.... Read More

Howard Myers

7:58 AM, 15th September 2013
About 8 years ago

Our flat could have caught fire

My advice (specifically for the electrical cooker) Hannah; is to actually remove the plug from the socket before every time you leave the flat or go to bed until it has been properly repaired or replaced. I know it is tedious but it will provide a safer environment for you.

To answer your original question, it is the owner/landlord/letting agent (the one you actually pay the rent to) who is considered the "Responsible Person" in rented accommodation.... Read More

Howard Myers

7:49 AM, 15th September 2013
About 8 years ago

Our flat could have caught fire

Reply to the comment left by "Mark Alexander" at "14/09/2013 - 18:35":

Well now let's see here; a two bed flat, unless it is a single private household it is an HMO and Hannah is a tennant. The tennant has to be protected. Even if the property is owned by one landord it is the responsibility to enusre the safety (covered by the RRO 2005, Housing Act 2004 and Electrical Regulations) legally.

Put youself ino Hannah's position, would you accept those standards? Would you expect your landlord to avoid those legal responsibilities?

It is not just up to professionals to ensure people are safe. In the 50 years I have been associated with the fire service (uniformed and non-uniformed) in fire prevention and investigations, the fire death rate has significantly dropped. That is because of more and more education in all areas of society. What there is still a need for is, to ensure we don't revert back to the days of the Rachman landlords of the 1960's and 70's.

This is totally relevant.......... Read More

Howard Myers

16:16 PM, 14th September 2013
About 8 years ago

Our flat could have caught fire

(1) the Regulatory Rfeorm (Fire Safety) Order 2005 requires all businesses to have a suitable and appropriate fire risk assessment (FRA)in all commercial businesses. HMO's do fall into that. In addition, all local authroities that licence HMO's (more than 2 floors) and an FRA should be conducted.
(2) Part of the Housing Act 2004 requirements in HMO's is electrical tests and certificates. All properties let should be in possession of a current Electrical Installations Certificate that is valid for a minimum of 3 years.
(3) All portable electrical appliances should be tested (PAT by a qualified electrician) with an appropriate label attached to each. That includes electrical cooking appliances, fridges, freezers, washing machines, dryers and dishwashers , plus the smaller items.

The onus is fairly and sqaurely on the owner/landlord/managing agent to provide a "duty of care" to ensure the safety of occupants, in the case of a multi-occupied property - the other occupants and, the fire/service crews that may attend any incident.

It is encumbent on the owner/landlord/managing agent to provide these and if not, one or more parties could be prosecuted

Incidentally, the FRA report I use comprises a 25 page report and covers all aspects, is properly formatted and accepted by most fire authorities in the UK.... Read More