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DavidCPFC  
#1 Posted : 11 May 2011 12:30:29(UTC)
Rank: New forum user
DavidCPFC

Hello.

Am new round here so please be kind to me!

I've been asked to advise a commercial landlord re "fire audits" and as to whether these are the responsibility of the landlord or the tenant. The lease states that the tenant must comply with all legal obligations affecting the premises or their use, and also states that it is the tenant's responsibility to keep the premises equipped with fire prevention and fighting machinery, alarms etc and to keep them maintained and available for inspection.

I am new and not fully aware of the relevant regulations etc so if anyone could point me in the right direction re the legal responsibilities of a landlord then I would be very grateful.

Many thanks.

David
MB1  
#2 Posted : 11 May 2011 13:11:45(UTC)
Rank: Super forum user
MB1

David,

This should be written as part of the tenancy agreement which in many cases you may not be privy to?
DavidCPFC  
#3 Posted : 11 May 2011 13:15:23(UTC)
Rank: New forum user
DavidCPFC

Thanks for replying.

I have a copy of the lease which just says that the tenant must "comply with all legal obligations affecting the premises or their use" which seems very general to me!
Murray18822  
#4 Posted : 11 May 2011 13:19:15(UTC)
Rank: Forum user
Murray18822

It would depend on the nature of occupancy, i.e. does the tenant have total occupancy including the common areas such as stairs or just occupancy of an office area. Where the landlord has retained responsibility for the common areas then he is responsible for the fire risk assessment and fire safety measures. If the tenant is sole occupant then it would be his responsibility for maintaining the fire safety measures. Would advise that the landlord ensures this is actually being applied.
David Bannister  
#5 Posted : 11 May 2011 13:20:55(UTC)
Rank: Super forum user
David Bannister

David, in some commercial premises the landlord retains responsibility for some areas (common areas, vacant units etc) and will have to make sure that fire precautions and arrangements etc are adequate and in place.

In others, the tenant accepts full responsibility for these matters by the tenancy agreement, as said by MB1.

In very broad terms, tenants will likely be responsible for those risks they create or affect (structural changes, processes, storage, housekeeping, fuels, warnings, escape routes, internal signage, lighting, fire fighting equipment etc). Where there are several tenants there will need to be communication and co-operation, involving the landlord as necessary.
firesafety101  
#6 Posted : 11 May 2011 13:22:18(UTC)
Rank: Super forum user
firesafety101

You use the term "fire audits", just what do you mean?

If it is simply a case of auditing what you have and checking fire equipment then it would be the person running a business in the premises, or the landlord or owner of the premises if private premises.

If you really mean a fire risk assessment it is the person in control of the premises that is responsible for the fire risk assessment.
DavidCPFC  
#7 Posted : 11 May 2011 14:53:36(UTC)
Rank: New forum user
DavidCPFC

"Fire audit" was the term I was given. I have assumed that by this they mean the fire risk assessment and note the advice above re common parts and vacant units. It would certainly seem advisable then at the very least for the landlord to make sure that the tenants have done a proper fire risk assessment and that adequate fire safety measures are in place.

Thanks to everyone for all their help - very much appreciated.
Guru  
#8 Posted : 11 May 2011 15:37:24(UTC)
Rank: Super forum user
Guru

Some additional information on landlord & tenant H&S responsibilities can be found with the following link.

http://www.businesslink....layer?topicId=1074458562

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