Rank: Forum user
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Who's responsibility is it to have the annual check on a domestic type gas boiler undertaken in rented commercial premises?
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Rank: Super forum user
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ctd, the "repairing" responsibility will be determined by the lease conditions and could be the tenant or landlord. Who decorates, who fixes the electrics, who mends a burst water pipe? The answers to these questions may well be the answer as to who has the responsibility for boiler safety.
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Rank: Forum user
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David,
Another aspect to this may be the management of risk. Even if the responsibility is with a landlord getting them to do it could be another matter. If, in the mean time, the check expires the occupier will have duties. As they are commercial premises the occupier is going to be a business of some kind, maybe an employer. So an expired gas check means non-compliance, the occupier duties to those in the premises is clear if an unsafe and uncontrolled risk is found. These duties would also apply to those who may be affected by the risk, adjacent structures and people.
Given the risks, explosion or CO (or maybe both) and the consequences it seems likely that the occupier would be required to act, even when the primary duty holder does not. It may be enough to alert the enforcement agency for the business, H&S or Fire, but it may be that the premises should be vacated. You then get into the whole minefield of recovering losses so far better to get advice and action from the enforcement bods. That will soon clarify who is responsible for the checks.
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Rank: Super forum user
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Garry, of course you're correct in that the employer must manage the risk and it may be that they will have to arrenge for the necessary work to be done, if nobody else is doing it.
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Rank: Forum user
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Problem solved, its in the lease, its our responsibility, along with maintenance of the security and fire alarm systems, and the electrics and water supply internal to the building.
All the landlord is responsible for is the building fabric.
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Rank: Super forum user
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CTD
If the boiler belongs to the Landlord I would suggest that regardless of what your lease says it is the landlords responsibility to ensure the gas appliance is working correctly and in a safe manner, this would include the flue as well.
If you own the appliance your responsibility.
As most modern boilers only have a guarantee of around 7 years (due to their inherent nature to corrode from the inside) does your lease say will have to replace it when it breaks down for the final time?
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Rank: Forum user
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We got the boiler done ourselves in the end, however, the gas engineer noticed we had 5 gas fired heaters in the workshop and commented that these also need servicing anually.
Is this correct?
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