Prevention of Future Deaths reports · 2024
Regulation 28 report to prevent future deaths, reference 2024-0683, written 11 Dec 2024. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 11 Dec 2024 |
|---|---|
| Reference | 2024-0683 |
| Deceased | Fehim Ahmet |
| Coroner | Mary Hassell |
| Coroner area | Inner North London |
| Category | Other related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 3 |
Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.
Regulation 28: Prevention of Future Deaths report
Fehim AHMET (died 25.07.24)
THIS REPORT IS BEING SENT TO:
1. National Trading Standards
Estate and Letting Agency Team
1 Sylvan Court
Sylvan Way
Southfields Business Park
Basildon SS15 6TH
2. Network Agencies
Estate Agents
209 Seven Sisters Road
Finsbury Park
London N4 3NG
1
CORONER
I am: Coroner ME Hassell
Senior Coroner
Inner North London
St Pancras Coroner’s Court
Camley Street
London N1C 4PP
2
CORONER’S LEGAL POWERS
I make this report under the Coroners and Justice Act 2009,
paragraph 7, Schedule 5, and
The Coroners (Investigations) Regulations 2013,
regulations 28 and 29.
3
INVESTIGATION and INQUEST
On 29 July 2024, one of my assistant coroners, Melanie Lee,
commenced an investigation into the death of Fehim Ahmet aged 81
years. The investigation concluded at the end of the inquest on 19
November 2024. I do apologise for the lateness of this report.
The medical cause of death was:
1a traumatic brain injury
2 traumatic cervical spine injury,
chronic obstructive pulmonary disease with cor pulmonale
1
4
CIRCUMSTANCES OF THE DEATH
Whilst sitting in a social club/café a little after 7.30pm on 7 July 2024, Mr
Ahmet was hit by a man falling through the skylight above. He died a
fortnight later from the injuries sustained.
The man had gone out onto the flat roof of the café via a window from
the flat above and had sat on a plastic skylight, which had then given
way. The man was in the property having gone round to the flat to see
friends who were brand new tenants. They had rented the property from
Network Agencies.
5
CORONER’S CONCERNS
During the course of the inquest, the evidence revealed matters giving
rise to concern. In my opinion, there is a risk that future deaths will occur
unless action is taken. In the circumstances, it is my statutory duty to
report to you.
The MATTERS OF CONCERN are as follows.
1. I heard at inquest that, as industry standard, there is no
requirement or even guidance regarding action to be taken by
estate agents about particular property hazards, say noting on the
property file to warn tenants about a flat roof that is easily
accessible via a window but is not in fact safe to access. Such
information is not automatically passed on when tenants change
and is not necessarily enshrined in the tenancy agreement.
2. In this instance the café owner downstairs had rung the estate
agent to complain about tenants from the upstairs flat being on
the roof of the café and it was reported that there were emails
about this, but nobody from the estate agency had made a note
or followed up with the tenants.
6
ACTION SHOULD BE TAKEN
In my opinion, action should be taken to prevent future deaths and I
believe that you have the power to take such action.
7
YOUR RESPONSE
You are under a duty to respond to this report within 56 days of the date
of this report, namely by 10 February 2025. I, the coroner, may extend
the period.
2
Your response must contain details of action taken or proposed to be
taken, setting out the timetable for action. Otherwise, you must explain
why no action is proposed.
8
COPIES and PUBLICATION
I have sent a copy of my report to the following.
•
, son of Fehim Ahmet
• HHJ Alexia Durran, the Chief Coroner of England & Wales
I am also under a duty to send a copy of your response to the Chief
Coroner and all interested persons who in my opinion should receive it.
I may also send a copy of your response to any other person who I
believe may find it useful or of interest.
The Chief Coroner may publish either or both in a complete or redacted
or summary form. She may send a copy of this report to any person who
she believes may find it useful or of interest. You may make
representations to me, the coroner, at the time of your response, about
the release or the publication of your response.
9
DATE SIGNED BY SENIOR CORONER
11.12.24 ME Hassell
3
3 responses published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.
Health and Safety Executive Engagement & Policy Division Health and Safety Executive 2, Victoria Place Carlisle Cumbria CA1 1ER Tel: 020 3028 4804 http://www.hse.gov.uk/ Deputy Director: Ms ME Hassell Senior Coroner Inner North London St Pancras Coroner’s Court Camley Street London N1C 4PP Reference Date 10th February 2025 Dear Ms Hassell PREVENTION OF FUTURE DEATHS REPORT: FEHIM AHMET I am writing in response to your Regulation 28: Prevention of Future Deaths report of 1 December 2024 following the investigation into the death of Fehim Ahmet in July 2024. This was a tragic incident, and I would like to offer my condolences to the family of Mr Ahmet. In your report you raise as a matter of concern that as industry standard, there is no requirement or even guidance regarding action to be taken by estate agents about particular property hazards, say noting on the property file to warn tenants about a flat roof that is easily accessible via a window but is not in fact safe to access. Such information is not automatically passed on when tenants change and is not necessarily enshrined in the tenancy agreement. HSE is Britain’s national independent regulator for workplace health and safety. We work to ensure people feel safe where they live, where they work and in their environment by providing worker protection and public assurance. Under the Health and Safety at Work etc. Act 1974 (HSWA) and associated regulations letting agents have duties to protect their employees, and others, from risks arising from their work activities. This includes a duty under Section 3 of HSWA to conduct their undertaking in such a way as to ensure, so far as reasonably practicable, that persons not in their employment are not exposed to risks to their health and safety. They are furthermore required by the Management of Health and Safety Regulations 1999 to make a suitable and sufficient assessment of the risks to the health and safety of persons not in their employment arising out of or in connection with the conduct of their undertaking. Those in control of areas that are not safe to access will have duties with respect to those areas which may include preventing unauthorised access, particularly where such access is known to be taking place. In most cases a letting agent’s undertaking is unlikely to extend to areas outwith the property being let or managing the behaviour of tenants or their guests. The letting industry may however wish to consider whether it would be good practice for letting agents to pass on information about risks beyond the scope of their undertaking and issue guidance addressing this point. I hope you find this information useful. Yours sincerely Head of Local Authority and Safety Unit 2
National Trading Standards Estate and Letting Agency Team (NTSELAT) Powys County Council, County Hall, Llandrindod Wells, LD1 5LG www.ntselat.co.uk Coroner's PA Public Safety Supporting Communities London Borough of Camden 5 Pancras Square London N1C 4AG Reply to NTSELAT Powys County Council County Hall Llandrindod Wells LD1 5LG 01938551102 24/01/2025 Tel Email Your ref Our ref Date Dear In response to your Prevention of Future Deaths Report related to the death of Fehim AHMET on 25/07/2024 following your inquest on 19 November 2024, in relation to an incident involving a visitor to the tenants of a rented property managed by Network Agencies. I would explain that our team’s remit is to enforce the Estate Agents Act 1979 and the Tenant Fees Act 2019. It appears that the incident in question involves Network Agencies who are either a Property Management Agent or a Letting Agent, and a Landlord who is not named in your report. As such, we do not have enforcement powers which apply to this situation. We would recommend that you contact the Local Authority Housing team, The Health and Safety Executive, the Fire Service and the Local Authority Environmental Health team. Yours faithfully, Policy and Information Manager National Trading Standards Estate & Letting Agency Team NTSELAT Lead Enforcement Authority Service Manager Website www.ntselat.co.uk The National Trading Standards Estate and Letting Agency Team (NTSELAT) is jointly hosted by Powys County Council and Bristol City Council, being the lead enforcement authorities for the Estate Agents Act 1979 and the Tenant Fees Act 2019 across the UK and England, respectively.
Coroner ME Hassell Senior Coroner Inner North London St Pancras Coroner's Court Camley Street Lodnon N1C 4PP rcial Sales & Lettings ential Sales & Lettings roperty Management Development Consultants Valuation Consultants 21st February 2025 Dear Senior Coroner ME Hassell/ Contacts 209 Seven Sisters Road We acknowledge receipt of your Regulation 28 Report regarding the tragic incident involving Mr. Fehim Finsbury Park Ahmet, and we extend our deepest sympathies to his family. Loni ondon Before providing our position on the matter outlined below, | would like to formally request any recordings N4 3NG and minutes taken at the coroner's court. There appears to be conflicting information in the report that we do not agree with, and we seek clarification on these discrepancies. Tel: 020 7281 6171 Our primary concern is the report's assertion that we were notified multiple times by the café owner. | must Fax : 020 7281 1158 clarify that this was not the case regarding the existing tenants. Additionally, the tenant's contract start date was the same date as the incident, making notifications impossible. www.networkagencies.com We appreciate your prompt assistance in providing the requested records. Please let us know if there are lettings@networkagencies.com any formal procedures we need to follow to obtain them. ‘ sales@networkagencies.com We wish to clarify that the window in question is not a balcony, fire exit, or designated access point to the accounts@networkagencies.com flat roof. It is fitted with a child safety restricting mechanism, which would have had to be deliberately bypassed for anyone to climb through it. Additionally, due to the height and positioning of the window, access to the roof would not have been possible without standing on furniture or another elevated surface, demonstrating a clear lack of common sense and regard for personal safety. Notably, this incident also occurred on the tenant's very first day in the property, the first day of their tenancy. As letting agents, we are not responsible for the flat roof, which is under the control of the landlord and the commercial tenant below. The café owner, as the occupier of the premises beneath, also bears responsibility for ensuring that the roof structure remains safe and secure. Whilst we were informally made aware of previous concerns regarding individuals on the roof, we contacted former tenants each time to reinforce that the roof is not accessible and not a part of their property. Ultimately, it was the responsibility of the landlord and café owner to take further action to prevent unauthorised access. maintenance@networkagencies.con While we are always willing to implement reasonable measures to improve tenant safety, we maintain that ( Q) tenants must also exercise basic personal responsibility and adhere to the terms of their tenancy agreement. Climbing through a window that is not designed for access is an unacceptable misuse of the property. However, considering this unfortunate incident, we are taking the following steps: @ Reinforcing all our new tenancy agreements to include explicit clauses stating that tenants must not attempt to access any non-designated areas, including flat roofs. @ ®@ Continue issuing formal written warnings should we receive reports of such behavior in the future. Working closely with Islington’s Residential Team — Public Protection Division to ensure that our procedures align with best practices for tenant safety and compliance moving forward. We hope this clarifies our position. We appreciate the opportunity to respond and remain open to further discussion should it be required. deposits Kind Regards = and on Behalf of Network Agencies © G:] networkagencies Network Agencies is the trading name of Network Agencies Ltd. Registered in England No.02972566. Registered Office: Solar House, 282 Chase Road, London N14 6NZ
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