Can you have more than one "responsible person" for fire risk checks in a converted house?

[NorthLondonFreeholder]

Hi - I've spent the last hour trawling various government documents on the above but can't get a definitive answer in layman's language.

I own (outright) and live in the ground floor flat of a converted Victorian house. There are two flats above me and we all share the freehold. The middle flat is owned by a buy-to-let landlord who is remortgaging with a loan company that demanded a fire risk assessment. There are a few things that need to be done to meet the recommendations in the FRA. We already have a compliant fire alarm system, so we just need minor work on the individual flat doors etc. 

There's a tiny communal hall with a mains smoke detector attached to the others in all flats. There is a single stair way to the main door of the building for the upper flats.

The buy-to-let landlord is insisting that we have a "responsible person" to maintain the alarm system, keep a log book etc as he claims the loan company will want it as evidence we are complying with the FRA's recommendations as well as obtaining quotes to get the work done within 3-6 months (finding a carpenter is already proving difficult).

I suggested that more than one freeholder could do this as we are all in control of the building as I read the regulations, but he pushed back insisting it must be one individual but couldn't back it up with any proof other than to say "it was in the FRA". I nominally said I would do the job for a quiet life. His lawyer then drafted a version of a "freeholders meeting" minute to show the lender we had discussed matters but also included a line that I would be "the responsible person for dealing with all matters of fire safety at the property and that he would report back to the other freeholders as and when necessary". 

That looks way too strict, so I am not agreeing to it as I feel it makes me solely liable if anything goes wrong. If anyone can point to a form of words that covers this area or states that all three freeholders can share the RP role that we can insert in a redraft of the "minutes" I would be really grateful.

Any other guidance on how converted houses are treated under the relevant legislation would be appreciated too. The Gov.uk website referred to "handy guides" from the Home Office, but they seemed as clear as mud. I hope the above is clearer to anyone reading. Thanks in advance.

 

[Mike North]

There must be a “responsible person”, this can be an organisation such as a management company or agent.  All the occupants can be jointly responsible, if the lawyer insists on a named individual, congratulate them on their appointment.

[NorthLondonFreeholder]

1 hour ago, Mike North said:

There must be a “responsible person”, this can be an organisation such as a management company or agent.  All the occupants can be jointly responsible, if the lawyer insists on a named individual, congratulate them on their appointment.

Ha! To be fair to the lawyer (on this occasion only) it's the buy-to-let landlord's rather literal reading of the FRA. From what I have read so far it has to be someone "in control of the building", which is effectively all three of the freeholders, so thanks for the confirmation.

[AnthonyB]

People often get their terminology mixed up. The Responsible Person is usually the employer - where none exists it is the person who has to any extent control over part of the premises - failing that then the owner is the Responsible Person (such as in a vacant building)

If there is a Resident's Management Company set up by the freeholder flat owners (which is usually recommended for limitation of liability) then the Responsible Person is a "legal person" e.g. 'Acme Towers Management Co Ltd.'. If no corporate body exists and control is exerted by an individual then that 'natural person' is the Responsible Person e.g. 'Mr Joe Bloggs the landlord'

Other people and companies can be appointed by the Responsible Person to assist them in their legal responsibilities, but the Responsible Person usually retains ultimate responsibility. A Property Management company can be appointed to run the premises, Competent Persons can be appointed to carry out FRAs, Fire Alarm Service, etc. In fact there can be a whole list of different 'persons with responsibilities' under the overarching Responsible Person and it does not have to be a single individual.
 

In your case you are all individually Responsible Persons unless you set up a RMC when it would transfer to the corporate body.

Converted Houses if split into flats are covered by the Fire Safety Order but also potentially s257 of the Housing Act (if two thirds of the flats are rented out) and usually require different fire precautions to purpose built flats. Where they come under s257 of the Housing Act they can require a license if the local authority introduces 'additional licensing' to part of their area that includes them.

[NorthLondonFreeholder]

Thanks for that. I managed to convince the "landlord" is this instance that we are all individually RPs as per your comment, so the matter is (finally) resolved.