Health and Safety

Question 1

What is RIDDOR

Answer 1

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

Question 2

When do you need to report under RIDDOR

Answer 2

The death of a person
Specified injury to workers – anything requiring hospital treatment
Over 7 day incapacitation of a worker
Over 3 day incapacitation must be recorded but not reported
Certain occupational diseases
Certain dangerous occurrences

Would always check on HSE (Health & Safety Executive) website

Question 3

What are the H&S responsibilities for a Landlord and PM?

Answer 3

Landlord H&S requirements:
FRA, GRA electrical and gas safety checks, Legionella – general H&S compliance

PM:
H&S of themselves, colleagues and others.
Visitors and non-visitors to site as per Occupational Liability Act 1957 and 1984
Act as agent for Landlord so H&S compliance at property

Question 4

What is a hard hats shelf life? How do you check?

Answer 4

Usually around 3 years. If you turn the hard hat over, there will be a clock/date

Question 5

What is LOLER?

Answer 5

Lifting Operations Lifting Equipment Regulations

Places duties on people and companies who own, operate or have control over lifting equipment

Question 6

What is Workmans policy for permit to work

Answer 6

Have to be suitably qualified to sign permits to work.
Permits to work required for high risk works - identified in the RA and RAMS
e.g hot works permit, working from height permit

Question 7

Where is the requirement for RAMS set out?

Answer 7

Managing H&S at work regulations 1999

Question 8

What relevance is the Landlord and Tenants Act 1927?

Answer 8

Entitles tenant to compensation for improvement works
Limit landlords claim in damages to diminution in value as a result of the breach
When landlord consent is required, such consent is not to unreasonably withheld

Question 9

If the lease says that they cannot carry out improvements or alterations, does the 1927 have any effect?

Answer 9

No if the lease is absolute and says no improvements or alterations, then they cannot carry them out
Only applies where landlord consent is required

Question 10

What are the grounds under section 30?

Answer 10

Breach in payment
Breach in repair
Breach in other lease term
Suitable alternative accommodation
Uneconomic subdivision
Refurb/redevelopment
Owner occupation

Question 11

Can the landlord object on more than one ground under section 30?

Answer 11

Yes

Question 12

If the landlord gets possession, is the tenant entitled to compensation?

Answer 12

Yes – if no fault grounds and based on RV

Question 13

If the landlord got possession under the no fault grounds and one of the other grounds, would they be entitled to compensation?

Answer 13

No, only if it is the no fault grounds only

Question 14

How is compensation assessed?

Answer 14

1 x RV if over 14 years occupation
2x RV if under 14 years occupation

Question 15

What was the break notice conditional on?

Answer 15

Serving notice in the correct way and 6 months prior to break date.
On the break date:
Covenants with lease adhered to
No repair breach
All sums paid
Vacant possession

Question 16

Why did you accept the notice as being valid and then instruct a SoD. If there were items of disrepair, would this not have invalidated the break notice?

Answer 16

No as the tenant had paid he dilaps settlement prior to their break date and provided vacant possession

Question 17

What is a schedule of dilapidations?

Answer 17

Schedule served which sets out items of disrepair at a property caused by the tenant’s failure to perform its repairing, decorating and where appropriate, reinstatement obligations