Here is a question to the blog clinic from Paul who is a tenant.
I rent a flat within a building that has several other flats that can be gained access to through a communal door.
The communal door is lockable but there is a side entrance that leads to a bin area and through a door to the communal hallway, that can be accessed by anyone off the street. Now we have had problems with post being stolen and also strangers accessing the building and trying their luck with doors.
The post is delivered to all flats via the communal door. Once I even caught a neighbour “accidentally” taking my post away with them.
Now what are the responsibilities for the landlord here. Firstly with regards to the security for post and secondly with regards to security for the building as a whole?
Post
I have to say that I am not aware of any law on this, so it would generally be down to what the parties agree.
Unless there is any specific legislation that I don’t know about relating to postal supplies.
I understood that most landlords in this situation will provide lockable post boxes for residents, often in the main entrance. Or maybe individual letter boxes with the letter posted by the postman on the outside leading to a box which can be unlocked by the resident to get at his post on the inside.
If the postal arrangements at your residence are really insecure you may, if the post is important for you, want to consider renting a box elsewhere. But I agree this is not very satisfactory.
What arrangements do other landlords do to ensure the security of their tenant’s posts in this sort of situation?
Security of the building
So far as the building as a whole is concerned, this is a tricky subject. The answer may vary depending on whether the landlord owns all the building or just the individual flat.
There is also a question of the type of property concerned – very high value flats will have high security maybe with a porter / concierge whereas very low value flats will be lucky if the door to the main entrance shuts properly.
You tend to get what you pay for.
Then even if the building does have adequate security there is always the problem of other residents leaving doors open etc.
I suppose the legal question is – does a landlord have a duty of care to tenants to ensure the security of the building. I don’t think that this will be the case unless it is specifically covered in the tenancy agreement.
It is not something provided for in the statutory repairing covenants for example.
What do others think about this?
Presumebly the LL is not the Freeholder – in which case their contract with the freeholder, as a leaseholder, may place responsibility on the freeholder to ensure that the building is maintained. This i would imagine would include the exterior doors, which i imagine initially (when the leases were first sold) were locked and over time the security has been compromised.
If the LL is the freeholder who has converted a property into multiple flats, the building plans / planning permission at the time may have had the doors as locked and secured? – i dont know much about developments – but could the council then enforce this?
If the property is a HMO this could fall under the management regulations, which say that ” The manager shall ensure that the following installations in common use, or which serve any part of the house in common use, are in and are maintained in repair, a clean condition and good order (including, where appropriate, proper working order)–…
(c)receptacles or other installations provided in connection with the delivery to the house of postal packets, within the meaning of the Post Office Act 1953(1);”
This is from the NI regs though, not sure if the corresponding regs in E&W have been repealed
The things that jumps out at me is the possibility that Category 12 of the Housing Health and Safety Rating System (HHSRS) used for environmental health enforcement Might apply here……
12. Entry by intruders
This covers difficulties in keeping a property
secure against unauthorised entry and the
maintenance of defensible space. Good quality
door and window locks should be provided to
stop intruders
I have double direct experience of this through flats rented out for my son and daughter in law.
His has no secure entry, but the postman can at least put the post direct through the door of each of the 5 flats in 7 adjoining blocks.
The daughter in law’s is a much more modern flat, secure block intercom entry etc – but no letter boxes in flat doors or boxes to leave post in, so postie puts it on the window ledge by the communal entry door.
In terms of personal safety do as I have done after months of nagging the block managers to fit new locks and issue 2 keys per flat (even I do not expect them to install an intercom system in 30+ year old blocks, especially as they would charge the owners for the privilege).
No just write to the freeholder and block manager and put them both on notice of liability for consequential damages for any incident arising because of their refusal to make the blocks secure.