Rebuttal to Article 8 – General Fire Precautions
Allegation: That general fire precautions, including electrical safety and escape route arrangements, were not adequately implemented.
Click Here to See the ECIR Document
Rebuttal Summary:
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A valid updated Electrical Installation Condition Report (EICR) was completed on 23 November 2024, and proactively emailed to the inspecting officer on 12 December 2024 — well before any compliance deadline.
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In the same correspondence, I confirmed full compliance with all fire precaution requests, including those relating to electrical systems, emergency lighting, and escape route obstructions.
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My email included reasonable, detailed questions seeking clarification on specific points of law — such as:
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Whether a consumer unit must legally be boxed in if already metal-clad;
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The basis for classifying fridges as “huge risk” in corridors, given their ubiquity;
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The claim that the HMO is “commercial” for the purposes of inspection frequency, when the legal definition under the Housing Act 2004 continues to define HMOs as dwelling-houses, taxed as such under council tax.
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No legal citations, case law, or statutory references were provided in response to my request for clarification — only generalised assertions about fire risk “experience.”
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Importantly, I invited the Fire Authority to revisit the premises voluntarily, and offered full cooperation in arranging reinspection, well before they took further steps
Article 9 – Fire Risk Assessment
Click to check the Fire Risk Assessment file
Allegation: No fire risk assessment in place.
Rebuttal:
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A Fire Risk Assessment had been completed and was available at all times.
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The Fire Inspector made no effort to request or review this document before alleging its absence.
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The claim of non-compliance was based solely on assumption, not verification.
Subsequent Events Confirm the Error:
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During the reinspection on 7 April 2025, the same Fire Risk Assessment was reviewed and accepted by Fire Authority staff without issue.
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No criticism or finding was made against its content or adequacy.
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This proves that the original allegation was not the result of actual deficiency, but rather of failure to investigate properly.
Legal and Procedural Implications:
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Under Article 9(6) of the Regulatory Reform (Fire Safety) Order 2005, it is the duty of the enforcing authority to assess actual compliance, not speculate or presume non-compliance.
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The failure to even request the Risk Assessment before alleging its absence violates basic administrative fairness and due diligence obligations.
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This kind of procedural shortfall also breaches the Regulators’ Code, which mandates that enforcement action should be preceded by engagement, clear guidance, and opportunity to comply voluntarily, especially where no imminent danger exists.
Final Words on this deficiency
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The Article 9 allegation was materially false, procedurally improper, and strategically reckless.
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It contributed directly to an unnecessary enforcement process, legal proceedings, and associated costs — all of which could have been avoided by a single, simple request for documentation.
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This is a textbook example of premature enforcement based on assumption rather than fact, and any resulting costs must be seen as a direct consequence of the Authority’s failure to follow lawful process.
Article 11 – Fire Safety Arrangements
Allegation: No documented emergency plan or arrangements.
Rebuttal:
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A written emergency plan, tenancy induction pack, and fire safety protocols were in place.
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These materials were presented during the second inspection and deemed satisfactory.
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Again, no opportunity was given to present this prior to formal action.
Click to See the Fire Safety Documents
🔥 Rebuttal to Article 13 – Firefighting Equipment
Allegation: That no fire extinguishers or fire blankets were provided.
Rebuttal:
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Fire blankets were placed in kitchen areas, as per standard HMO safety practices. ( But due to some maintenance issue in the kitchen, removed temporarily, but it was reinstated immediately after work was done)
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At the follow-up inspection in April 2025, the equipment was found in place, and no objection was raised, confirming there was no substantive non-compliance.
Under Lincolnshire Fire and Rescue’s own approach — consistent with LACORS guidance — fire extinguishers are not mandatory in HMOs where tenants are not trained in their use.
Despite this, we voluntarily installed fire extinguishers on each floor after receiving the Enforcement Notice, to exceed expectations and fully cooperate.
At no point did the inspector request clarification or check whether provision was planned.
This enforcement item was based on assumption, not law or guidance, and was satisfied by voluntary action that went beyond legal duty.
Article 14 – Emergency Routes and Exits
Allegation: Obstructed escape routes (bins, fridge/freezers, DB board).
Rebuttal:
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The alleged obstructions (bins, etc.) were minor, temporary, and in fact removed immediately following inspection, acknowledged in the report itself.
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The electric distribution board was installed in compliance with electrical regulations. Its position had never been identified as a hazard in prior inspections, including multiple visits by Lincolnshire City Council HMO officers. ( But we took initiative to follow the recommendation of fire authorities to boxed in the distribution board )
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No fire load or escape time study was conducted to justify this finding.
This allegation was exaggerated and resolved before any enforcement timeline expired
Therefore, due to the fact that this was done there and then, it should not be included in an enforcement notice. The distribution board is made of metal, and it has been boxed in, even if this is not required. A simple request would have sufficed, given my proven compliance.
Article 17 – Maintenance of Fire Alarm and Emergency Lighting
Allegation: Inadequate maintenance of fire alarm, emergency lighting.
Rebuttal:
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Contracts for fire alarm maintenance and emergency lighting checks were in place with qualified contractors.
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Logbooks of weekly and monthly tests were available, but had never been requested by the Authority before enforcement.
Fire Alaram Certification
- Emergency Lightning
DEFICIENCY – Article 21A
Relevant information has not been shared with tenants
- The Authority never asked to see this material and simply presumed its absence
Click here to see the documents related to Article 21A