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chewymk4  
#1 Posted : 10 October 2012 10:16:24(UTC)
Rank: New forum user
chewymk4

Hi all

We currently lease a couple of buildings from our landlord who also used to own the company i work for but sold the business back in 2006.
As he still owns the premises I asked him for copies of the electrical test & inspection certificates dating back to when the buildings were first constructed (the age of the buildings range from 10yrs old to around 30yrs old).

He was unable to produce any documentation and claimed that the certificates must have been passed over as part of the company takeover (this was not the case as i have checked with the legal team who brokered the sale)
As i was part of the company when the buildings were extended i am pretty confident that he did not have any testing carried out at the time.

Instead, he referred me to a clause in our lease which states "clause x.xx, requires the tenant to comply with statutory requirements".

My question is; as the landlord, is he responsible for the test & inspection of the fixed electrical installation?

I would have thought that he would be required to do this because, as tenants, if we moved on he would have no records if the responsibility was ours?
I would not have thought that a clause in a lease could over-ride his statutory requirement to have the building he owns tested, if indeed such a requirement exists?

I would be grateful for any input on this matter as i cannot seem to find a definitive answer to this at the moment.

Thanks
David Bannister  
#2 Posted : 10 October 2012 11:04:13(UTC)
Rank: Super forum user
David Bannister

It is quite normal for industrial/commercial leases to be written such that the tenant has full repairing responsibility, which will include ensuring electrical safety (and asbestos and structural stability and water and fire risks etc).

It is also normal for multi-tenanted sites to be let on a managed basis so that the landlord or his agent retains responsibility for such matters.

Your lease should be quite specific on who has the repairing and maintenance responsibility and the duty to keep the electrics safe.

You are quite correct in that the records may be retained by a tenant onbce the lease ends but that would be dealt with at that time and certainly when any new tenant takes posession if they have any clue about what they are doing.

So, to answer your question: probably not, it depends!
Mr.Flibble  
#3 Posted : 10 October 2012 11:05:53(UTC)
Rank: Super forum user
Mr.Flibble

Hi Chewy

Its all in the small print. The company I work for tends to sign an 'All Fixtures and Fittings' rental agreement, to get a lower rate in rent I imagine, which means for the two Warehouses that I manage we are responsible for the fixed wiring inspection, themographic inspection, lighting rod tests etc.

So he can wave that right to yourself if its stated in the rental agreement.
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