Landlords of commercial premises have several health and safety responsibilities and generally need to ensure that their premises are safe for their tenants and anyone else who may use them (for example, visitors). However, due to the responsibilities of commercial landlords being more ambiguous than the clearly defined rules relating to residential landlords, there is often confusion as to who is responsible for what. There can be considerable overlap between the responsibilities of landlords and tenants, and the extent of those responsibilities will also depend (in part) on the nature of the premises and the terms of the lease.
Health and safety – generally tenants will shoulder the greatest amount of responsibility in this respect. For example, tenants are responsible for complying with health and safety (including Fire Safety) regulations in relation to the premises that they let, but landlords are responsible for ensuring that any communal areas are health and safety compliant.
Fixtures and fittings – landlords must ensure that their fixtures and fittings have been installed and maintained properly and safely. Likewise, tenants will be responsible for their own fixtures and fittings. Note, landlords commonly look to pass responsibility for maintenance of landlord’s fixtures to tenants under the terms of the lease.
Gas – depending on what the lease says, responsibility can be the landlord’s, the tenants or both parties. A landlord will, however, be solely responsible for gas installations in communal areas.
Electricity - landlords must ensure that their premises’ electrical system is safe. It is recommended that landlords ensure that an “Electrical Condition Report” (EICR) is carried out by a registered electrician before letting out commercial premises and give a copy of the EICR to the tenant. Tenants are responsible for the safety of electrical appliances that they have brought onto, and installed in, the premises. Note, landlords commonly look to pass responsibility for the maintenance of a landlord’s electrical equipment to tenants under the terms of the lease. A landlord will, however, be solely responsible for electrical equipment in communal areas.
Maintenance and repair – the landlord’s and tenant’s responsibilities will be set out in the lease and will largely depend on the nature of the premises being let. For example, in a lease of a floor of an office block, the landlord would retain repair and maintenance responsibility for the structure (i.e. foundations, roof, exterior and loadbearing walls), whereas the tenant will be responsible for non-structural parts. Alternatively, in a lease of an industrial unit, it is common for the tenant to be responsible for the whole of the property (including structural parts).
Asbestos – responsibility in this respect will be dealt with in the lease, and again will largely depend on the nature of the premises being let.
Fire safety – the “responsible person” (under fire safety laws) is usually an employer. As such, responsibility will likely fall on a tenant. Note, a landlord will, however, be solely responsible for the fire safety of communal areas.
Energy performance – landlords of commercial premises must (before entering a lease) provide their prospective tenant with an Energy Performance Certificate (EPC). An EPC shows the energy efficiency of premises using a rating scale from “A” to “G” and incorporates recommendations of how energy efficiency can be improved. Landlords can no longer grant new leases of premises that have a rating below “E”.