Posted By BPF
Naomi,

I would say the first place to look would be the lease agreement the companies have in place.

BPF

Posted By CFT
I agree with both of the above responses; Heads of terms to issue of lease gives the opportunity to discuss what is to be, and what is not.

This not withstanding does leave the landlord responsible for communal areas and in many cases quite a bit of the general fabric such as boilers, fixed AC, utilities, etc. There is no real rule of thumb with this type of letting, they are rarely 'fully maintaining fully repairing.'

From a financial standpoint only, service charges often identify what is included that you pay for on a not for profit basis and as per RICS guidelines.

Contact me by all means, if you wanted to chew over what has prompted you to post Naomi.

CFT

Posted By D H
Agree with Tony - at the end of the day the responsibility will be shared.

For example, if the landlord fails in his responsibility to maintain systems such as fire alarms, would the tenant not still have a duty of care to his employees in the event of fire?

If joined tenancy, speak to the other tenant and get agreed plans drawn up. You do not want the other tenants activities impacting on your own safety systems and procedures

Dave

Posted By GaryC40
I would not necessary agree that it just depends on the agreement.

Would Fire Safety Law would not take primacy over HSAWA in terms of the need to carry out a FRA and the shared responsibility that entails. The premise is that the responsibility for fire safety is proportionate to the level of control. The landlord needs to demonstrate that the building is safe and is subject to audit by the Fire Service, not HSE. Also for insurance purposes, as the fire certificate is now abolished. It would be reasonable to suggest that the landlord will always retain some element control over the building.

We lease out 74 business units and our insurance company demanded an up to date FRA with input from all parties.

There is certainly no onus for the landlord alone to provide Fire Fighting Appliances (in Scotland)

This is where the lease terms comes into play. And of course Fire Safety is just one aspect.

There is a new requirement for landlords to provide an EPC Energy Performance Cert with all new tenancy agreements.

Sorry prob not much help!



GC

Posted By DJ
I agree with much of what has been said already. It will all come down to what is contained in the lease/tenancy agreement.

Regards.

DJ

Posted By srd

We have recently let a sports ground and building to another company.

Do we need to leave the fire extinguishers in the building, or is it up to the new tenant to provide his own.

At the moment the fire detection system is linked to an external monitoring company who notify the fire services if a fire is detected. Are we OK to cancel this contract and leave the new tenant to arrange his own monitoring?

The new tenant will be the sole occupier of the whole building and grounds.

Posted By marcusblack
Agree with most of what has been written regarding terms of the lease. I do allot of work for landlords and managing agents for multi occupied buildings. Under the RRO where the tenancy is a workplace the Responsible Person is the employer (i.e. the tenant) if the workplace is to 'any extent under their control'. In very general terms the landlord will be responsible for common areas, common plant or common systems and where any of these are present there will be the duty to 'co-operate and co-ordinate'. Landlords are rarely responsible for any provisions within the tenant's demise such as emergency lighting. However, common systems such as a fire alarm the landlord will be responsible for its maintenance and testing even in tenanted areas.

Hope this helps, if not feel free to email me.

Mark