Rank: Guest 
|
Posted By Lynne Atherton
Hello, I need a bit of advice regarding Landlord responsibilities from a health and safety perspective.
I have a client who purchases properties with a view to renting them to tenants with learning and/or mental disabilities (some properties are multiple occupancy). The tenants have support, in some cases 24 hour care, which is provided by a different organisation, who work and support tenants in the rented property.
Apart from the general requirements of fire, access and egress, electrical and gas safety are there any other responsibilities that the landlord needs to comply with.
It is my opinion that the landlord does not fall into the term ‘controller of premises’, section 4 of the Health and Safety at Work Act as the premises are domestic dwellings despite being provided as a place of work for the carers. Is this the case?
Thank you in anticipation ….
|
|
|
|
|
|
Rank: Guest
|
Posted By Jonathan Sandler CMIOSH
asbestos.
|
|
|
|
|
|
Rank: Guest
|
Posted By Jerry Lucey
Hi Lynne,
If the building was build since the introduction of CDM your Client should have access to relevant sections/ parts of the Safety File for the building which would have been handed over by the Planning Supervisor to the Landlord/ End User.
This file should contain the details of any risks identified during design and construction and should contain relevant drawings, details of how to carry out basic maintenance on the premises etc.
Jerry
|
|
|
|
|
|
Rank: Guest
|
Posted By Steve Sanders
Lynne
Have you considered the communal parts of multi occupier buildings? I'm not sure but I don't think they are classed a domestic premises?
Steve
|
|
|
|
|
|
Rank: Guest
|
Posted By James Byatt Hi Lynne, This might help for starters: http://www.odpm.gov.uk/index.asp?id=1161801Also, I'm the H&S Manager for a Landlord managing 30,000 beds nationwide so feel free to drop me a mail if you need any specific advice, Cheers James
|
|
|
|
|
|
Rank: Guest
|
Posted By Robert K Lewis
We had this Houses in Multiple Occupation (HIMO)thread a few months ago. It is a complex area and you need to clarify this before you move forward.
My personal view is that they fall within the HIMO definition and the requirements for fire may need to be more rigorous particularly with regards to segregation and alarm systems. The question is, given the potential disabilities "who will manage the premises?"
Bob
|
|
|
|
|
|
Rank: Guest
|
Posted By Sheila EJ Keogh
You should be able to get some advice from your Housing section of your local authority.
|
|
|
|
|
|
Rank: Guest
|
Posted By bigwhistle
This is a very moot point I would say that as this clearly is a business section 4 might apply.
However if an individual rents out his house to go travelling then it would still remain domestic premises as it was their sole dwelling.
|
|
|
|
|
|
Rank: Guest
|
Posted By gham
who are the lease holders
are they rented to the carers rather that the people who live there.
The question would be do they still come under domestic premises in this case or are they then health care facilities if they are not rented directly by the occupants
|
|
|
|
|
|
Rank: Guest
|
Posted By ivorfire
Lynne,
Although you have covered fire issues it may be worth mentioning a couple of points for interest;
1) If the occupants are having treatment or (personal) care the premises may well come under Care Standards Act and relative standards for various things, including fire safety. I believe this is centrered on the provider of the care / treatment, but may come back to the landlord if relative to the standard concerned.
2) Effectively in April, the premises will be come under the Regulatory Reform (Fire Safety) Order 2005 as its not primarily a single household / single private dwelling. The responsible person under the fire safety order may well be the landlord and / or who ever has control. Effectively, this being the same effect for fire control measures. (Obviously, the "responsible person"
may vary or be more than one person depending on the circumstances).
3) And for good measure it will be probably subject to the Housing Act 2004 as well!
Shaun
|
|
|
|
|
|
Rank: Guest
|
Posted By Lynne Atherton
Thanks very much to you all for your comments, advice and guidance. Its much appreciated.
Lynne
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.