Q&A - Enforcing Fire Door Safety

We have had our Victorian Front door renovated for fire compliance, a heavy old mahogany door but beautiful, it was not cheap, £2,500, (new hinges, soft closer, refitting and smoke sealing, bottom seal). The remaining five flats have done nothing, primarily it would seem because of the costs, but claim it does not need to be done. They will not listen to the Managing Agent who says the works are legally required. 

We believe there are serious safety concerns as two of the doors not upgraded are in the front common parts which is a common exit, the house is more than 11 meters tall.  

The question is what can we do as one leaseholder. We are prepared to take action in support of the Managing Agent, but what can we do?  Who do we write to?

ANSWER

Your freeholder has, by way of the Regulatory Reform (Fire Safety) Order 2005 (“the 2005 Order”) certain obligations when it comes to fire safety, including the replacement of fire doors which have failed their assessments. This would normally only apply to fire doors in parts of the building which they own, including the two in the front common parts as you have mentioned, but not the front doors of the flats if they are owned by leaseholders (though we would need to check the lease to confirm if this is the case). A failure to abide by these regulations may be enforced through the terms of the lease, which will require the freeholder to keep the common areas in good repair and condition and abide by the relevant regulations, and this is done by an application to the court for this breach of the lease. 

However, there is almost certainly a provision in the leases of the flats that the leaseholder must abide by statutes and regulations, and this would include the fire safety regulations as set out in the 2005 Order. This obliges the leaseholders to correct any issues identified by the fire risk assessment – in this case, their doors. If they fail to do so, they are likely in breach of their lease and the freeholder can enforce this against them. If the freeholder fails to do so, it is fairly common for leases to have a mutual enforcement provision allowing the leaseholder to force the freeholder to take action where another leaseholder has breached their lease. This process would again require going to court to enforce this breach.

Alternatively, you may, as a leaseholder, go the First-Tier Tribunal (Property Chamber) and seek a Remediation Order under the Building Safety Act 2022. This is order from the Tribunal to the freeholder to fix a “relevant defect” (in this case, a risk of the spread of fire due to defective fire doors). However, in order to do this, it would need to be shown that the building is a relevant building (and in particular that it is not leaseholder-owned) and that the fire doors were installed in the 30 years prior to 28 June 2022, and that the freeholder has responsibility for the doors.

Depending on the precise terms of the leases in the building and the exact circumstances, each or all of these routes may be possible for you, and we would be more than happy to provide specific advice if contacted.

Giles Stratton, Solicitor, Landlord & Tenant, Bishop and Sewell