[2023] UKUT 209 (LC)

Park Rise is a former office building in Manchester which was converted in 2018 to provide 96 residential flats. On 30 May 2019 the building came to the attention of the Greater Manchester Fire and Rescue Service when the fire alarm was disabled by a water leak. A fire officer inspected the building and found not only that the fire alarm was inoperative, but that there was evidence of inadequate compartmentation and fire separation measures, and an absence of any information about the material used to clad the exterior of the building. The fire officer assumed that the material was an aluminium composite which represented a risk to the safety of all residents. He threatened to prohibit occupation of the building unless fire safety measures were instigated, including a 24 hour “waking watch”.

This appeal is about the liability of the leaseholders of the building to pay for the waking watch mounted at the building from 30 May to 20 September 2019 at a total cost of £57,894.

By a decision issued on 31 July 2022 the First-Tier Tribunal (Property Chamber) (the FTT) determined that the leaseholders were liable to contribute towards the cost of the waking watch for only part of the period it was in place, and that their liability ended when the fire alarm was reinstated. That cost was only £5,859. The FTT determined that the rest of the cost was attributable to the failure of the appellant, Radcliffe Investment Properties Ltd, to undertake a proper fire assessment and that the additional cost was unreasonable.

The appellant was given permission to appeal by this Tribunal. At the hearing of the appeal, it was represented by Tom Morris. The respondents, Mr and Mrs Meeson and the leaseholders of 79 of the 96 flats in the building, were represented by Mr Meeson. I am grateful to them both for their assistance.