Rank: Forum user
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Hi All, sorry if this has been raised before but i have been tasked with gathering info and would appreciate all advice.
We have obviously had some bad cold snaps the last few winters so the scenario is this;
If you have a business premises, ie offices or lock up's as in multiple ones and you are the landlord of all these said business and they all have individual leases and you get really bad wintery weather and snow.
1. What are the landlords minimum/maximum duties under law for clearing the snow or not and which laws apply ?
Any advice much appreciated especially from anyone that has experienced a similar issue.
Regards
Alan
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Rank: Forum user
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Due to the EU laws it is a very grey area becuase if you do clean up and some one slips they could sue, aslo if there are roads into lockups is it a private or public road, if its public highway then its not your responsibility and if its classed as public highway then it would be classed as a side road and would only see gritting if it leads to a major road. You could grit and sign for warning but you could leave yourself open.
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Rank: Super forum user
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There has been guidance issued on the subject of clearing snow from pathways from the link below. In addition, the HSE have issued many responses to newspaper articles, that have attempted to ridicule health & safety and clearing paths, which can also be found in the link below.
http://www.hse.gov.uk/news/2010/snow-code.htm
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Rank: Forum user
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Thanks for input,
To offer a little more insight, I am referring to the multi buisness premises uaually seen on a buisness park where the roads would be public approaching and into a private compound where all the lock ups and business premises are and yes there would be communal areas too, but mainly i am talking about access to the tennants buisness premises for them as obviously they would use vehicles too.
Alan
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Rank: Super forum user
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I would review the tenancy agreement and see if there is anything stipulated there. There may be a shared responsibility between the landlord and tenants, or the onus be be on yourself.
Depends on what has been agreed.
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Rank: Forum user
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Thanks again for input
The tenancy agreements do not intimate anything either way which is why I am trying to get a handle on what legislation applies and how and what is the minimum/maximum the landlord should do
Alan
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Rank: Super forum user
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Does the agreement say anything about responsibility in maintaining surrounding areas?
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Rank: Super forum user
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Ref your question ""The tenancy agreements do not intimate anything either way which is why I am trying to get a handle on what legislation applies and how and what is the minimum/maximum the landlord should do""
If it was only simple to answer [If it was simple barristers would be poor & that is an impossible situation!]
You need to understand principals like 'the controller of the undertaking', 'reasonably practicable' and the workings of contract law etc and know case law and thereafter match the law etc to the current situation at any given time and at all time do what is indicated in the WHSW ACOP as an example as the minimum
Basically: Whoever controls an undertaking at any given moment is the duty holder at that moment and many laws apply inclusive of criminal, common and civil law. I advise that the way to go is get the duty holder clearly identified in your contract T & C's and move on from there noting that what's in a contract is sub-servant to the law and I would think that nobody will easily admit that they are the duty holder as it may cost them £!
Do what U can and if the landlord etc disregards things record it and keep it as evidence should it be needed in the future - U can always call upon the local EHO, FirePO or the HSE for help - that is if we have any left!
Best of luck
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