Fire Safety

Advice on the rights and remedies when dealing with issues of fire safety

We act for many large landlord clients in advising on their rights and remedies when faced with issues of fire safety – particularly where matters attract a high degree of urgency. Cases we have dealt with include determining the costs and charging structure of a scheme of cladding replacement, adequacy of internal fire doors and compartmentation and discussing potential liabilities and routes of recovery for the said works.
 
We regularly represent landlords and management companies in the Tribunal system to determine the reasonableness and payability of fire safety works, including any necessary dispensation applications. We also regularly assess new-build warranties and insurance contracts in order to consider whether any liability is owed elsewhere.
 
Many cases involve applications to the First-Tier Tribunal (Property Chamber) to approve budgets including requisite fire safety works. We are also experienced in dealing with responses to Enforcement Notices, Improvement Notices and all enforcement action that may be served by a competent authority, regularly advising on such issues and any appeals.
 
Reported Cases:
 
We can advise Landlords, Management Companies, Local Authorities, Asset Managers and similar parties on such issues as:
 
  • First-tier Tribunal applications to determine liability of who has to pay for interim and long-term fire safety works under s27A of the Landlord & Tenant Act 1985
  • First-tier Tribunal applications for dispensation under S20ZA of the Landlord & Tenant Act 1985 where interim fire safety works are urgent.
  • Advice on recoverability of fire safety works and associated professional’s fees via leases and other contractual arrangements.
  • Advice on whether recourse exists against a buildings insurer or a new-build warranty provider.
  • Analysing contracts and warranties from developers and contractors in order to determine liability as to the costs of fire safety works.
  • Appeals on fire-safety cases to the Upper Tribunal and Court of Appeal.
  • Reviewing First-tier Tribunal and Upper Tribunal decisions to advise as to whether any possibilities or rights of appeal exist.
  • First-tier Tribunal applications to approve interim budgets incorporating fire safety works.
  • Acces to Neighbouring Land Applications where access is needed to effect necessary works.
  • Negotiation of licences.
  • Outsourcing the legal aspects of dealing with a competent authority over fire safety.
  • Responding to Enforcement Notices
  • Responding to Improvement Notices.
  • Advising landlords on the legal impact of fire safety issues and block insurance.

Who to contact

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