Laura Severn, Director at LMP Law, discusses the key issues our industry is facing due to the pandemic in terms of health and safety.

The residential sector has gone through some truly traumatic and challenging times over the past few years and now with a virus added to mix, the property sector, as a whole, is facing extra challenges for tenants, managing agents, leaseholders, investors, developers, builders, contractors, and insurers.

The team at LMP Law are equally working around the clock as lawyers, to advise and resolve any legal issues surrounding property law.  Laura, Matthew and Peter are the Directors of LMP Law and adapting to change themselves, whilst keeping up to date with COVID updates and regulations affecting property, court hearings, tenancies and leases.

Health & Safety in the Workplace

Firstly, let’s talk about BEING at work and how to ease back into work places. This is a general overview for tenants at work, contractors out and about, and managing agents in offices.

The government’s guidelines are that places of work should be cleaned more frequently; paying close attention to high-contact objects like door handles and keyboards. Employers should provide hand washing facilities or hand sanitisers at entry and exit points.The government has a downloadable notice, which employers should display for their colleagues, clients, customers and other visitors to their workplace. 

Everyone will be expected to follow this guidance. 

Property Managing – Health & Safety

It will come as no surprise that as lawyers, LMP Law advocate government guidelines with site visits. Property Managers and Contractors can be spreaders of contagious viruses if they visit high density residential buildings, meaning they should only carry out site visits when essential or necessary. 

If you are a tenant and part of an RMC, or you are a tenant and require block managers to come out – consider if it is truly necessary for a physical viewing or could it be done by phone or online video call? Most of our colleagues and peers have a clear understanding with their tenants and contractors, saying that when and where it’s necessary to visit in person, their contractors are being as sensitive as possible, maintaining social distancing at all times, and asking residents to remain in one room while they complete the work.

Cladding

Cladding is in the news constantly and COVID hasn’t changed the fight for justice and on-going safety government talks for the safety of all residents living in blocks. The data (which is consistently changing) is currently as such:

As at 31 March 2020, there are 144 high-rise residential and publicly owned buildings in England that have completed remediation works to remove and replace Aluminium Composite Material (ACM) cladding systems. 

There are 313 high-rise residential and publicly owned buildings with ACM cladding systems unlikely to meet Building Regulations yet to be remediated in England.

Of the 84 social sector residential buildings with ACM cladding systems unlikely to meet Building Regulations yet to be remediated:

• 75 have started remediation
• 9 have a remediation plan in place but works have not started

Of the 182 private sector residential buildings with ACM cladding systems unlikely to meet Building Regulations yet to be remediated:

• 41 have started remediation

• 99 have a remediation plan in place but works have not started

• 41 have responded with an intent to remediate and are developing plans

• 1 has unclear remediation plans

Housing Secretary Robert Jenrick MP said:

“The government is bringing about the biggest change in building safety in a generation. The new building safety regime will put residents’ safety at its heart and follows the announcement of the unprecedented £1 billion fund for removing unsafe cladding from high-rise buildings in the Budget.”

Fire Safety

Has your building a Fire Officer?  The London Fire Brigade welcomed the publication of a new Bill to improve fire safety in buildings in England and Wales following on from the tragedy of the Grenfell Tower fire in 14 June 2017.

What is the existing Fire Safety Order (Regulatory Reform (Fire Safety) Order 2005) and what will the changes be to it?

Firstly, who and what does the Order apply to?

The Order applies to almost all buildings, places and structures in multiple occupations (HMOs), blocks of flats and maisonettes.

The new Bill, which was given the nod this month (May 2020), intends to make it easier for fire services to force freehold owners to remediate the outsides of their apartment buildings, by serving them a fire order. Unsafe cladding, windows and balconies will fall under the scope of the new legislation. The technical fix also amends the current Order to allow for statutory notices to cover the front doors to flats, which has been one of property leasehold’s grey areas because so many leases suggest that the front doors are “demised” to the leaseholders.   Currently the Order does not extend beyond the front doors of flats or maisonettes into people’s homes or the exterior of buildings.  

What does it mean by “demised”? It’s a property law term relating to parts of premises that the leaseholder or tenant is permitted to occupy. The Bill will amend this ambiguity and will provide greater clarity on the additional areas which fall to the responsible person or duty-holder for multi-occupied residential buildings.

Currently under the RRO, fire and rescue services have enforcement powers over the parts in blocks of flats which are used in common by more than one flat, such as entrance halls, lobbies and landings. The Bill sets out that the responsible person or duty-holder must manage and reduce the risk of fire for the structure and external walls of the building (including cladding, balconies and windows) and entrance doors to individual flats which open into common parts.

Waking Watch

The National Fire Chiefs Council (NFCC) has recently updated its advice to building owners and landlords on how to operate the Waking Watch fire safety measure during the coronavirus outbreak.

“Waking Watches” are 24-hour patrols of buildings with safety issues to check for fires. They can be unbelievably expensive for residents, with some paying over £800 a month per household for the service.

The Waking Watch costs are in addition to insurance premiums at many buildings, neither of which are covered by recent budget provisions which are for the removal of existing cladding only.  The government is investigating means to reduce the cost of Waking Watch services for residents in buildings with dangerous cladding.

Waking watches are some of the highest costs for leaseholders in dangerous buildings, along with insurance.  A tower in Birmingham has its leaseholders facing a 1,200% increase in insurance premiums as a result of fire safety issues. 

Existing landlords are equally struggling to get insurance and/or struggling to meet extortionate costs. 

Insurance, service charges, rent arrears – it can be all extremely stressful so speaking to property lawyers who understand leasehold law and property law through and through can be a useful resource and back-up.

Students & Landlords

Universities and education as a whole, have shut down through Covid, quite rightly. Protection and life is key. However, student accommodation in private rentals is a thorny issue for property managers, who are of course aware that students have already received student loan instalments and will continue to receive scheduled payments to help meet living costs, so in practice should be able to meet their commitments. If they do not pay, guarantors will be called upon to settle the outstanding rental money.   

The banks of mum and dad might have a shock if their adult children aren’t playing fair with the rent. It’s a tricky one, as the whole issue is hard to get right. Living in halls was simple as Universities shut and so the majority of students went “home”, but as so many students from Year 2 go onto to live with friends in private rented flats, the challenge has become confusing. Not for property managers of course, they abide by the Lease and the terms & conditions.  

The Housing Secretary, Rt Hon Robert Jenrick MP, had previously confirmed that the Government  was not planning to issue separate guidance for the student sector but the UK guidance for landlords and tenants says that:

“Tenants should continue to pay rent and abide by all other terms of their tenancy agreement to the best of their ability. Tenants who are unable to do so should speak to their landlord at the earliest opportunity.”

Conclusion

Health and Safety in the residential sector currently is paramount. From cladding renovations, fire officers, gas checks with social distancing measures being adhered to, together with worrying about finances, can be extremely stressful. However, the government and many organisations involved in the leasehold sector are working together to ensure a better life for everyone. 

Speak to a lawyer if you aren’t sure of your rights.

Laura Severn is a Director at LMP Law, specialist lawyers with a keen focus on the property management industry, with over 20 years combined experience in property law.