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Posted By Brigham
Hi
Can't seem to get a definitive answer on this.
Can the owner/landlord (distant) absolve responsibility for fire protection/prevention/RA/maintenance of his multi tenanted building including common areas to tenants by virtue of the tenancy agreement?
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Posted By paulw71
No he couldnt, not by a tenancy agreement.
There could be some legal document drawn up by which the tenants took on shared responsibility for the upkeep and review the fire safety arrangements (they would still need a competant person to advise on issues)but that would require the consent of all tenants.
And I doubt anyone would want to do this.
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Posted By Messy Shaw
Yes he can.
There are hundreds, perhaps thousands of multi occupied premises which are run by managing agents or facilities companies.
For the purpose of fire safety under the RR(FS)O2005, the managing agent can & will be considered the 'Responsible Person' as he has overall control of the building (in so far as collecting rents and maintaining the property)
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Posted By paulw71
that is not by virtue of the tenancy agreement though is it
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Posted By Messy Shaw
Paul you are right of course. I was just pointing out that he might not be the 'responsible person 'in law, regardless of any tenancy agreement(s).
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Posted By Brigham
Thanks for the comments guys and they mirror my thoughts but the RR(FS)O, as far as I see is rather unclear on this. Sure managing agents etc. can be delegated to maintain but I just can't see how landlords can delegate this to tenants ad-hoc. However, this is what appears to have happened at one of our sub units without my knowledge and the agents are now playing hardball. Hence my quest to find if they can legally do what they appear to have done!
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Posted By paulw71
Brigham
No the only way this could be done legally is with some kind of contract that was signed by all tenants and landlord.
I would try to ascertain if the landlord is aware of the actions of the management company because I doubt that any insurance policy he has in relation to the property and third parties (tenants), will be valid in these circumstances.
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