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ivorheadache  
#1 Posted : 22 February 2019 08:43:58(UTC)
Rank: Forum user
ivorheadache

Good morning all and happy Friday.

Just a quick question.  Were having an ongoing battle with the landlord (commercial) regarding mould.  They seem to be very unforthcoming with any replies let alone action.  We've got staff working in these areas who are very unhappy with the situation and looking to us for advice.

My question is, what would be the legislation/guidance we could quote to the landlord to point out their failure to adequately protect workers. 

Thanks if anyone can help

Roundtuit  
#2 Posted : 22 February 2019 09:44:32(UTC)
Rank: Super forum user
Roundtuit

The landlord is not responsible for your workers so any workplace regulation e.g. COSHH comes down to the employer.

Having identified an agent hazardous to health which is likely present in consequence of the conditions you should be controlling the problem or removing your employees from exposure.

Pushing the landlord for suitable and timely repairs has more weight if the property is vacated as a result of being unusable and you further suggest with holding rent until it is usable.

Beware though in commercial lets you may actually have duties for those aspects of buildings maintenance that are causing the mold e.g. gutters

Roundtuit  
#3 Posted : 22 February 2019 09:44:32(UTC)
Rank: Super forum user
Roundtuit

The landlord is not responsible for your workers so any workplace regulation e.g. COSHH comes down to the employer.

Having identified an agent hazardous to health which is likely present in consequence of the conditions you should be controlling the problem or removing your employees from exposure.

Pushing the landlord for suitable and timely repairs has more weight if the property is vacated as a result of being unusable and you further suggest with holding rent until it is usable.

Beware though in commercial lets you may actually have duties for those aspects of buildings maintenance that are causing the mold e.g. gutters

A Kurdziel  
#4 Posted : 22 February 2019 10:16:29(UTC)
Rank: Super forum user
A Kurdziel

It depends on how mouldy the premises are: I have seen places where the mould hangs in sheets from the ceiling and walls!  But mould (or more accurately the spores) can be a health risk if there is enough of it.

There is a duty on the employer in the Workplace regs (Reg 5) to maintain the workplace in an “efficient state” and “good repair”. The ACoP adds that an ‘efficient state’ means that the workplace and the equipment, devices and systems mentioned in these Regulations should be free of faults likely to affect the health, etc of workers and provide an adequate level of hygiene. In the guidance document which incorporates the ACoP it suggests that you look at CIBSE guidance. CIBSE have a lot to say about mould.

This of course places the duty on the employer, but Reg. 4(2) also places duties on the person in control premises ie which could be the landlord.

In practice, who does what is down to the terms of the lease. This should make it clear who is responsible for what (and who pays for it). If you feel that the landlord is not complying with their duties then you should challenge them. This could get messy and could well involve lawyers

ivorheadache  
#5 Posted : 22 February 2019 14:32:49(UTC)
Rank: Forum user
ivorheadache

Thanks guys. A lot to think about and some good suggestions. Will be discussing this with my colleagues this afternoon and will formulate a response.

Have a great weekend.

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