Source · Prevention of Future Deaths

Philip Sheridan

Ref: 2021-0016 Date: 20 Jan 2021 Coroner: Kevin McLoughlin Area: West Yorkshire (East) Responses identified: 1 / 1 View PDF

The landlord rented out a non-compliant cellar flat, raising concerns about similar hazards, including inadequate smoke detection and escape routes, in other properties. There is no ongoing duty for landlords to check smoke alarm effectiveness.

Date 20 Jan 2021

56-day deadline 26 Mar 2021

Responses identified 1 of 1

Community health care and emergency services related deaths Other related deaths

Coroner's concerns

AI summary

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City being

_ lentered an Assured Shorthold Tenancy Agreement with the deceased on 14h August 2013_ He was a 'person in control' of the cellar flat within the meaning defined in the Housing Act 2004. He andlor were involved in the management of other properties in the Leeds area in the period 2013-2019 He or they should have been aware that the cellar flat did not have planning consent; Building Regulation Approval and had not been inspected by Leeds Council Housing Officers_ The evidence taken at the Inquest gave rise to a concern on the balance of probability that the hazards identified in the cellar flat may be replicated in other properties managed by them, particularly in relation to the provision of smoke detection equipment or emergency escape routes in the event of fire
2) Leeds Citv Council made payments relating to Local Housing Allowance direct to totalling E9462.05 in respect of the cellar flat which had taken the address of Leeds_ This was done without ascertaining whether the cellar flat had planning consent; Building Regulation Approval or had been inspected by Leeds City Council Housing Officers to establish whether it was safe for human habitation. Evidence taken at the Inquest indicated there were many other comparable properties in Leeds. This situation gives rise to a concern that fire hazards may be present in respect of properties which may have the appearance of approved by virtue of the award of Local Housing Allowance
3) Evidence taken at the Inquest indicated that whilst a Landlord has an obligation to provide smoke detection devices at the inception of a tenancy, there was no ongoing duty to ensure they continued to be effective or replace them if found to be faulty. In this case the tenant had resided in a cellar flat for nearly six years before he sustained injuries in a fire which proved fatal. There was no smoke alarm in the cellar flat at the time of the fire on 26th June 2019_ am concerned that the laudable statutory objective enshrined in The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 is undermined if a landlord is not required to check periodically such devises are still effective

Responses

1 respondent

Ministry of Housing Communities Local Government Central Government

PDF

Action Planned

The Ministry highlights existing powers for local authorities regarding planning enforcement and building regulations. They plan to introduce stronger enforcement powers as part of planning system reforms and are consulting on proposals to mandate and improve smoke alarms in rented homes. (AI summary)

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Rt Hon Robert Jenrick MP Secretary of State for Housing, Communities and Ministry of Housing; Local Government Communities & Local Government Ministry of Housing, Communities and Local Government Fry Building 2 Marsham Street London SWIP 4DF Kevin McLoughlin Senior Coroner; West Yorkshire (Eastern) Coroner's Office & Court 71 Northgate Wakefield WW:gOv uklmhclg West Yorkshire WF1 3BS 14/ February 2021 Dxa_ Ihc Lxfhl Thank you for your letter of 20 January enclosing Regulation 28 Report in relation to the inquest touching the death of Philip Noel Sheridan. am saddened to hear of Mr Sheridan's death in these tragic circumstances. The Government is very clear that unauthorised development and failure to comply with Building Regulations is unacceptable. to responsibility for planning control rests with local planning authorities. We have recently funded the National Association of Planning Enforcement (NAPE) to produce guidance to help authorities out their enforcement functions_ This guidance sets out the wide range of powers available and provides advice about their use in practice. In particular, local authorities have various powers to request information about the ownership and use of land_ NAPE's guidance contains examples of sources of information that authorities may draw upon, including things such as housing and council tax records. As part of our reform of the planning system, we are keen to see stronger emphasis on planning enforcement: Our recent 'Planning for the Future' White Paper sets out our intention to introduce stronger enforcement powers and to look at ways of supporting more enforcement activity. The Building Regulations can be contravened by not following the correct procedures or not meeting the required technical performance requirements. Under Sections 35, 35A and 36 of the Building Act the local authority has the power to take enforcement action against the building owner and those carrying out the works This can include requiring that the works are pulled down or removed_ We are currently consulting on proposals to extend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015. We are proposing to mandate smoke alarms in all socially rented homes Social landlords would be obliged to provide a smoke alarm on each storey of the premises on which there is a room used wholly or partly as accommodation. This would requirements in line with those for private landlords Day day carry living bring

We are also proposing to amend the legislation to create an obligation for social and private landlords to repair or replace smoke alarms, once informed that are faulty. We are not proposing to require landlords to test smoke alarms throughout the life of a tenancy. The consultation ran for 8 weeks from 17 November 2020 and closed on 11 January 2021. We are currently analysing the responses and will publish our response in due course. Thekks`^ RT HON ROBERT JENRICK MP they Mou

Report sections

Investigation and inquest

On 16th August 2019 commenced an investigation into the death of Philip Noel Sheridan; aged 32 The investigation concluded at the end of the Inquest on 5th January 2021. The Inquest concluded with a Narrative Conclusion recording that his death on 6th July 2019 was attributable to the complications of smoke inhalation arising from a fire on 26th June 2019 in the cellar flat where he lived alone.

Circumstances of the death

Philip Noel Sheridan had begun cooking in his cellar flat around midnight on 25/26 June 2019, but had then probably fallen asleep. Around 0300 on Wednesday 26th June 2019 a fire was discovered. He managed to get out of the flat and up to street level but then collapsed. Despite treatment in a specialist burns intensive care unit he continued to deteriorate and died on Saturday 6ih July 2019 at Pinderfields Hospital, Wakefield: At the time of the fire there was no smoke detector fitted in his cellar flat. There was only one exit door which had no handle fitted to it and was situated next to the seat of the fire on the hob, thus necessitating him being in close proximity to the fire and smoke when trying to escape. The cellar flat conversion had taken place without: Planning consent; Building Regulation approval; Leeds Council Housing Department informed of the existence of the cellar flat as a separate dwelling: In consequence no regulatory authority had inspected the cellar flat: Had they done so it is likely an Emergency Prohibition Order would have been served in view of the hazards present

Action should be taken

In my opinion action should be taken to prevent future deaths and believe you and your respective organisation have the power to take such action.

Copies sent to

2) West Yorkshire Police, FAO DIS3) West Yorkshire Fire and Rescue Service, FAO4) Leeds Council, Housing Department FAO: Principal Housing_Officer) City being City have also sent it to the following

Similar PFD reports

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Report details

Reference: 2021-0016
Date of report: 20 January 2021
Coroner: Kevin McLoughlin
Coroner area: West Yorkshire (East)

Responses identified

Responses identified 1 of 1

All listed responses identified

Organisations named in PFD reports are normally expected to respond within 56 days. Deadline: 26 Mar 2021.

Sent to

Ministry of Housing, Communities and Local Government

Source links

Judiciary.uk page → Report PDF →

Data: judiciary.uk under OGL.