Landlord Fire Safety Violation?

DumbMuscle

SeanMozzy wrote: »

Thank you for the responses, the Regulatory Reform (Fire Safety) Order (2005) is the act I was referring to. I found this extract


A. Windows
All windows should be in good working order and at least one window in each room should open.

Do you think this applies?

Many thanks again everyone

"6.—(1) This Order does not apply in relation to —

(a)domestic premises, except to the extent mentioned in article 31(10);"

That law does not apply to domestic premises.

A31 applies to prohibition notices, issued if the breach is so serious that use of the premises should be restricted. That article does apply to your flat, but it seems unlikely that the lack of ability to open the windows would exceed this threshold.

LEJC

Red-Squirrel wrote: »

I don't think this is the right attitude, rather lets the landlord off the hook.

Surely, rather than the tenant having to move, with all the associated hassle and cost of that, plus the risk of moving on to an equally dodgy landlord, it should be the landlord that makes the change and is required to comply with all the rules they're supposed to?

The LL can only comply to a rule if there is a rule to comply to.....in this case it would seem that the regulation the OP is referring to does not cover domestic premises.
Dont assume all LL's are dodgy and by the same token I wont assume all tenants are out to pass the issue back to the LL rather than perhaps researching a property before renting.

sparky130a

Rather than going all legal eagle simply contact the local council/EHO/Fire brigade.

They should get it sorted in short order.

EachPenny

It's a small point, but the document the OP refers to not only doesn't apply to domestic premises, it also isn't an Act.

The relevant legislation (if it is England and Wales) might be the Building Regulations - in terms of fire safety it should be possible to open the window if it is necessary to do so as part of the 'means of escape' requirements. It may also be necessary to meet the ventilation requirements.

SeanMozzy

EachPenny wrote: »

It's a small point, but the document the OP refers to not only doesn't apply to domestic premises, it also isn't an Act.

The relevant legislation (if it is England and Wales) might be the Building Regulations - in terms of fire safety it should be possible to open the window if it is necessary to do so as part of the 'means of escape' requirements. It may also be necessary to meet the ventilation requirements.

Thank you so much, I shall look into this. Appreciated all.

LEJC

EachPenny wrote: »

It's a small point, but the document the OP refers to not only doesn't apply to domestic premises, it also isn't an Act.

The relevant legislation (if it is England and Wales) might be the Building Regulations - in terms of fire safety it should be possible to open the window if it is necessary to do so as part of the 'means of escape' requirements. It may also be necessary to meet the ventilation requirements.

Although how many properties actually comply to current building regulations?
Very few I would guess be that both in the private ownership sector or indeed the rental market.

Possibly playing the devils advocate here,but is it better to have an opening window for "means of escape" when the drop below is one storey or should that window be fitted with restrictors to prevent accidental falls?

I have a property that is rented that is classed as ground floor but the drop from 2 very large windows is considered enough of a height to have restrictors on the windows to allow only a small opening....
I have seen in the flat directly above mine that somewhere along the line the restrictors on those windows have been removed presumably by the occupant to allow more air etc...it seems reasonably easy to remove the restrictors so as the window then complies with the occupants desire rather than any building regulation that was in place when the building was built.

so how easy would it be to prove or disprove that the current situation regarding the windows was done by the occupant or the LL?



Going back to the original query raised by the OP.....What was the condition of the windows as noted in your check in inventory...I would have expected it to clarify if they were in good working order and confirm they opened...indeed even pictures of keys etc....and if not, would that not been an appropriate point to question it?
you have since left the property and are now concerned for the next tenant...however you spent presumably a minimum of 6 months in a place that you couldn't open windows and didn't think to take it further for your benefit.

EachPenny

LEJC wrote: »

Although how many properties actually comply to current building regulations?
Very few I would guess be that both in the private ownership sector or indeed the rental market.
....
so how easy would it be to prove or disprove that the current situation regarding the windows was done by the occupant or the LL?

Unfortunately nobody on here can say whether the OP's former home complied with BR, I was just pointing them to possibly relevant regulations. The windows would only need to be openable if they need to be openable. If they don't have to be opening to provide 'means of escape' then that part of the regs becomes irrelevant to the OP's missing keys issue. Flats above a certain height will almost certainly have 'means of escape' that don't rely on opening windows, so then they may be installed as fixed windows, unless ventilation is also needed etc.

LEJC wrote: »

Possibly playing the devils advocate here,but is it better to have an opening window for "means of escape" when the drop below is one storey or should that window be fitted with restrictors to prevent accidental falls?

Similar to the above - if the windows are part of the 'means of escape' compliance then it follows that they must be suitable for use. A first-floor window might be considered suitable, since an internal or external ladder could be used to safely escape. Escape from a window on a higher floor may pose a greater risk than alternatives like sheltering in a room, or using another exit. But it all depends on the specifics of the building being considered.