© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
There is an expression: “Why keep a dog and bark yourself”. I was reminded of this phrase when I attended a directors meeting of a Resident Management Company (RMC) to explain just why they should treat health and safety as an important issue.
It was the general view of the residents present that health and safety legislation did not apply to their property and they felt that because it was residential and health and safety legislation is based on the Health & Safety at Work Act 1974 (the emphasis being on the word ‘work’) it was not relevant. I pointed out they were quite correct that health and safety legislation does not apply within the residents’ private living areas in blocks of leasehold flats. However, all common areas within those blocks are subject to legislation and those responsible for the common areas are required to ensure they are safe and free from hazard. However, the directors of the RMC argued that even if health and safety legislation did apply they had appointed a managing agent (who they were, of course, paying) to look after such matters therefore there was certainly no need for the RMC to become involved. Hence my recollection of the barking dog. While I had sympathy with the sentiments expressed by the directors I strongly disagreed that they could bury their heads in the sand and ignore health and safety issues. To assume their managing agent was doing everything necessary and all was satisfactory was sheer folly.
I explained that as directors of their RMC they had a duty to ensure that their company fulfils all its legal obligations. If they failed in this duty, then they could face criminal prosecution or financial penalty.
Those who own, or are responsible for the management of property, have a legal duty to ensure those areas are safe and that anyone legally using those premises can do so free from risk of accident or injury. This includes residents, visitors and contractors. These responsibilities cover all areas of health and safety within the property and grounds they own or are responsible for, and include fire safety, water safety, asbestos management, electrical safety, environmental issues and the activities of contractors on site. By employing a managing agent an RMC may transfer the task of managing health and safety, but the responsibility for health and safety cannot be delegated. At the very least the directors of the RMC should and must monitor the procedures and actions of the managing agent to ensure that legal requirements for health and safety management are maintained.
In the event of an accident or injury within the common areas of leasehold residential flats primarily it would be the managing agent that would be held responsible, as they have been appointed to manage the property. That is the reason a good managing agent will ensure all appropriate risk assessments are undertaken as required.
However, the actions and decisions of the directors of the RMC can impact greatly on how effectively a managing agent manages health and safety within the property. It is not uncommon for a RMC to refuse a managing agents request for expenditure to carry out risk assessments. This is often because they are considered unnecessary and a waste of money or it is feared the defects that might be identified would require costly remedial work and it may be better not to know about them.
Ignorance is no excuse in the eyes of the law. Failure to have taken reasonable steps to identify hazards that could cause accidents or injury is regarded as negligence and those responsible could face criminal prosecution. If a RMC refuses permission or funds for risk assessments the directors of the RMC could be deemed responsible in the event of an incident resulting in accident or injury.
Likewise directors should ensure that their managing agents are treating health and safety with due importance. Health and safety should be on the agenda at each RMC board meeting. The managing agent should be asked to explain what the position is with regard to their health and safety management procedures and where they stand with regard to the current programme of risk assessments and remedial actions. After all it is the residents who are most likely to suffer from poor health and safety management. Health and safety legislation is constantly changing and as such it is almost impossible for residents to keep track of current requirements, let alone be able to monitor the activities of their managing agents.
However, to avoid the possibility of prosecution and personal injury claims directors of RMCs should at least be aware of their legal requirements before vetoing any health and safety activity the managing agent recommends, and they should make sure the managing agent keeps them informed of the steps they are taking. Look out for regular articles explaining what the legal health and safety requirements are within your block and what the RMC and the managing agent is legally required to do.