Alarms in rented property with shared space

[Graham K]

Hi. I'm hoping someone can provide some advice on alarms in a rented property. I've looked at past threads but can't seem to find anything that is the same issues.

I've recently bought a ground floor flat in a converted 2-storey property (I assume conversion is pre-1991). There is a small shared lobby providing access to (i) the ground floor flat front door and (ii) a door leading to the staircase for the upstairs flat (owner occupied). The ground floor flat was let as a single occupancy. I plan to let it again on an AST but there are a number of things that need addressing to bring the property up to requirements.

I'm struggling with some aspects of putting in place the required smoke/heat alarms. My understanding is that the guidance is for a mixed system with a mains, interconnected system linking both flats ands the lobby and additional unconnected alarms in the flat.

First, the lobby belongs to the flat upstairs.  I've had a brief chat with the owner and there is little appetite for adding an alarm in the lobby or for them to alter the alarms in their flat. I doubt there would also be much appetite to ensure correct testing and maintenance if a shared system was present. What can be done in this system? Any mitigations? The chance of a fire starting in the lobby is small (2 m², no flammables/furniture, no electrical appliances).

Second, the meter in my flat is pre-payment and the tenant doesn't want it changed to a contract. I've been told this would preclude fitting a mains powered alarm, or at least the installation wouldn't meet BS. Is this right?

Many thanks for any advic

[AnthonyB]

Who is the freeholder? Is it a third party or is it yourself and the other owner jointly? Whoever it is holds responsibility in law for the common internal and external areas and is required to complete a Fire Risk Assessment under the Fire Safety Order which would determine if a linked alarm is required - potentially with sufficient fire resistance between the properties you might not require one and a small ground floor only lobby doesn't need smoke control. I was involved in a FTT case in a similar set up where excessive measures were installed and they were expected to pay towards them so took it to tribunal and with my help won so I am familiar with the scenario

[Graham K]

Many thanks Anthony. Very helpful. 

[Lyledunn]

I have every sympathy with landlords who are trying to comply. It is a minefield of rules, regulations and guidance, more especially if their portfolio of property crosses jurisdictions. We have clients who own property in NI and ROI, some hold property in Scotland as well. You would imagine that if your system complied with BS5839-6 2019 A1 2020, all would be well, but I am told by the HMO enforcing authority here that you must comply with their requirements, irrespective of the British Standard. I know that you are not a HMO but whether the law requires a FRA or not, it would seem prudent to have one conducted. That way you would be better placed to decide if the existing fire safety measures are appropriate and what, if anything, needs to be addressed with respect to the FA system. 

Below is a chart I put together for one landlord with an expansive portfolio in NI. We have confirmed that the grade and category listed is acceptable, meeting the most onerous of either 5839-6 or NIHE HMO in terms of minimum requirements. 

If  a property was being rewired or an opportunity arose to upgrade, I would move to Grade D1 Category LD1 for all situations that didnt need a Category A. 

[Graham K]

Hi Lyledunn. Many thanks for your post, that's helpful.

[Graham K]

Hi again Anthony. I hope you don't mind me coming back to you.

The freeholder on the property is a third party. We've contacted them now and they've replied that since they haven't appointed a managing agent, the tenants are jointly responsible for the fire safety. There is nothing in the lease relating to fire safety etc, but they have argued that since the lease makes us jointly responsible for decoration etc then we should be responsible for the FRA and acting on it.

Now, I'm not sure there is equivalence between responsibility for decoration and fire safety so i don't follow that logic......

I was wondering what you thought would be the best course of action. Assuming its correct that they can't relinquish their responsibilites for fire safety so easily, then go down the enforcement route? (But I don't really want to get in a conflict with the freeholder as at the end of the day we'll be paying the bills for work). Or just accept that we'll jointly take on the role of RP, get an FRA and get the work done with much more control of expenditure?

many thanks

Graham