Rank: Forum user 
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Hi,
Yesterday we had a flash flood in the factory caused by a sudden downpour and defective drainage by the valley guttering, as this was near to electrical equipment and there was a signifigant amount of water on the floor and adjoining wall I instructed the operators to vacate the vacinity until it was deemed safe for the clean up to begin.
This has been reported internaly and an action plan to remedy the situation is being put together.
In the mean time I am wondering what duty, if any, can be placed on the landlord to rectify this issue. Is the following section of HASWA relevant:
Section 4
Anyone who has, to any extent, control of premises (mainly landlords having control of common areas) must ensure that they are safe, are provided with safe access and egress and that plant or substances provided for use and that any plant or substances provided for use within the premises are safe and without risks to health so far is reasonably practicable
Any advice will be greatly appreciated.
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Rank: Forum user
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Depends what is stated in your lease.
If you have a fully repairing lease then the landlord has no obligation to repair – the duty falls fairly and squarely on the shoulders of the tenant
Phil
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Rank: Forum user 
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Will,
Off the top of my head following a similar experience with a client..
The leak needs to be fixed. The Workplace (Health, Safety and Welfare) Regulations 1992 state that “..Floors of workplaces and surfaces of passages, staircases, access roads, etc., must be suitable for their intended use and properly maintained. Measures must be taken to reduce the risk of persons slipping, tripping and falling” .
The leak means you can not reduce the risk of persons slipping. I do not know any landlord of a commercial property that would not be responsible for fixing a leaking roof UNLESS its stipulated in the terms of contract that you are responsible for the maintenance... in which case, get a roofer in!
If they are responsible then ensure that they aware that they are preventing the company from fulfilling its health & safety duties & their own. (HASAWA).
Hope that helps
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Rank: Forum user
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Guys
Just a quick insight into guttering / flash floods / downpours. We have recently built a new warehouse and installed state of the art guttering. The recent rainfalls we have just had resulted in the guttering being overwhelmed by 4 times its calculated capacity. If we had allowed for the once in 35 years downpour the guttering would have to be 4metres wide which would not be practicable and / or cost effective, So the gutters may not be leaking the water may be cascading over the top edge of the gutter. Additionally, when it is raining heavy have a look at the overflow if it is pouring water it may be blocked and a good maintainance regime may prevent a leak??????
Regards
Gary
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Rank: Super forum user 
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I am not convinced that S4 will apply. As Phil W has already said it depends on your 'heads of terms' on the lease, if it is a fully repairing lease, then guess what?
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Rank: New forum user
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I know this does not help with your query - but one of my clients is an excellent industrial roofer!
D C Clarke (Roofing) Ltd - 01142 472181.
I know it's cheeky, but.....
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Rank: Guest
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Fair Dues Haughey41450, cheeky it may be or not be, but promotional, it definitely is.
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Rank: Super forum user
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Haughey by name ........................................
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Rank: Super forum user
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I despair!!1 MODS!!!!!!!!!!!!!!!!!!!!
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