Fire Door - Fit for Purpose?

Altar_Boy · 11 December 2020 at 10:38AM

I am submitting this post on behalf of my daughter who purchased a leasehold flat (125 years) just under three years ago. The flat is in a seven storey high rise block comprising 71 dwellings. The building was previously an office block which was converted into residential accommodation and sold to purchasers as “brand new” dwellings with each flat having a fire door fitted at its entrance. (I believe the fire door was probably required under building regulations given the nature of the building?)

Recently the managing agents arranged for an inspection of all the building’s fire doors in both the common areas and the entrance to each flat. In respect of my daughter’s flat it found eight or nine defects including an excessive gap at the head of the door which exceeded the maximum 4mm requirement. She was advised that as the door formed part of her demise it was not possible for the repairs to be carried out as part of her service charge. Further, she was informed that it would now be her responsibility to ensure that the property was made fire safe and should she fail to comply with the recommendations she would be held responsible should an issue arise at any time in the future.

Given that the fire door is currently not fit for purpose, coupled with the fact that it had not been subject to any repairs or works, it would appear prima facie that it could not have been fit for purpose when the property was first purchased. Given this situation my daughter is wondering whether she has any remedy under the current consumer legislation.

She has in mind to write to the owner informing that them that they need to undertake the necessary repairs/replacement failing which she will undertake to get them carried out at her own expense (estimated at £1500) and thereafter will look to obtain reimbursement through the small claims/county court.

My questions are twofold:-

1) The fire door was not purchased as an individual item but instead was included as part of a much larger purchase (i.e. the flat). Would this invalidate the fit for purpose principle?

2) I am aware that issues between leaseholders and owners can often be complex and therefore uncertain whether legal action can be taken in this way?

Any advice would be greatly appreciated – many thanks

davidmcn · 11 December 2020 at 10:50AM

You're on the wrong forum, if anything this is a house-buying issue. Consumer rights don't apply to the purchase of properties, and you certainly can't apply them to each component of the property.
https://forums.moneysavingexpert.com/categories/house-buying-renting-selling

MattMattMattUK · 11 December 2020 at 10:55AM

Altar_Boy said:

She has in mind to write to the owner informing that them that they need to undertake the necessary repairs/replacement failing which she will undertake to get them carried out at her own expense (estimated at £1500) and thereafter will look to obtain reimbursement through the small claims/county court.

She is the owner of the fire door, she can not sue herself. If you mean sue the freeholders/management company then no, it is not their cost.

Altar_Boy said:

1) The fire door was not purchased as an individual item but instead was included as part of a much larger purchase (i.e. the flat). Would this invalidate the fit for purpose principle?

Yes. However if the property was not compliant with fire regulations upon purchase and that can be proven then you may have a case against the builder/installer, but it will be very complicated.

Altar_Boy said:

2) I am aware that issues between leaseholders and owners can often be complex and therefore uncertain whether legal action can be taken in this way?

You are likely that this is very complex and going down the legal route would likely be very costly and probably unwinnable, especially as it is highly unlikely that the freeholder or management company would be in any way liable in the first place.

Her best bet may be to talk to Citizen's Advice, they will have someone who will have detailed knowledge and also be able to review the relevant elements of the purchase contract (and lease, although I highly doubt that the lease is relevant here, as I think you have no legal recourse against the freeholder and/or management company).

Altar_Boy said:

carried out at her own expense (estimated at £1500)

This also seems incredibly high. Internal Firedoors are FD30 or FD60 are £150-500 depending on style, but most are around the £300 mark. All the door furniture (locks, hinges, closure mechanism) will be re-usable so will not be a cost and the cost for it to be fitted would be no more than £100.