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Jamesputman  
#1 Posted : 05 February 2014 11:22:28(UTC)
Rank: Forum user
Jamesputman

Hi All,

I would appreciate your views on the above scenario, i.e. if a leaseholder in a Housing Association block refuses to either allow a non fire rated flat entrance door to be replaced or a self closer to be fitted - in accordance with the findings of a fire risk assessment.

If a lease already exists within which the front door to the flats has been established as being owned by the leaseholder, how could the Housing Association enforce that self closers etc are fitted? If they can't, what position would this put them in, in relation to the threat of enforcement action?

Thanks
Alan Haynes  
#2 Posted : 05 February 2014 13:23:30(UTC)
Rank: Super forum user
Alan Haynes

I have a great deal of sympathy with certain tenants who refuse the new door closers.

If, as my late Motherin-Law was, they are frail and find it difficult to get about, many types of door closers make it impossible to get in/out of their flats.

[I removed her door closer so she could get to the 'common areas, suchas the Residents Lounge - and told the Managers of the property why. They accepted that the door was never left open, but it needed to be easy to open]

If there such a problem, look at other options

Edited by moderator 05 February 2014 13:24:34(UTC)  | Reason: Not specified

hopeful  
#3 Posted : 05 February 2014 13:25:46(UTC)
Rank: Super forum user
hopeful

Have a look at their lease agreement as it is likely that they will be in breach and therefore enforcement action or other legal action could be a result of refusal. However it may be possible to look at a compromise as there are various closing systems that work on alarm activation or similar
Frank Hallett  
#4 Posted : 05 February 2014 13:58:52(UTC)
Rank: Super forum user
Frank Hallett

Like Alan - I have considerable sympathy with tenants who quite simply cannot manage to overcome the closers! As Hopeful identifies, this is a matter for the premises controller to recognise and address so that the tenant is not tempted to remove or modify a closer that is intended to protect the common areas which will be the Means of Escape in the event of a fire in any of the occupancies.

As for refusing to allow a flat entrance door to be replaced because it doesn't provide the minimum fire resistance - well, neither the tenant nor premises controller can really allow this except under very specific and assessed conditions. It's a breach of the lease [as you identify] and also the duties of the premises controller under the FSO; and probably negates any premises insurance held by the premises controller and also the tenant.

Frank Hallett
boblewis  
#5 Posted : 05 February 2014 14:23:50(UTC)
Rank: Super forum user
boblewis

I too feel sympathy with those finding self closers a real problem. The Building Regs recommended for accessiblity is 20newtons which is very low. Trouble is most building owners and landlords ignore this. Opens up a good EA 2010 claim though.

Bob
Frank Hallett  
#6 Posted : 05 February 2014 17:32:13(UTC)
Rank: Super forum user
Frank Hallett

You're quite right about the very low closing force Bob. But it's the general inability of the closer to overcome the modern door latch mechanisms and close fully every time at that [recommended] force that leads to the closer being uprated and then introducing other problems.

There's actually a very good case for alternative, self-powered closing/opening mechanisms where the users may be comparatively weak, or slow, or even trying to get their shopping out of the way before the door scramles all the eggs.

Frank Hallett
SNS  
#7 Posted : 05 February 2014 19:37:11(UTC)
Rank: Super forum user
SNS

They could have 'swing free' closers installed, hardwired to the fire alarm system and power the door closed if the alarms are activated. Door can still be opened but will close again.
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