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#1 Posted : 21 May 2019 21:20:40(UTC)
Rank: New forum user

I am looking to get some clarity on a question related to comercail landlords providing compliance information to tenants. I know that lease agreements will variy from one place to another but if the landlord of a comercail property leases out part of the building and carries out compliance activity for the whole site do they have any obligations under the relivant regualtions to share this information with the tenants when asked for it?

As an example items such as fixed wire testing, fire risk assessment, emergency lighting test, water hygein risk assessment (L8), asbestos survays, LOLER inspections on communial lifts and gas safety inspections.

I am looking for something concreate rather than its good practise as their is a reluctance to ask or chase for such information at times and I want to back it up with fact.

Any help would be most welcome.

Regards Jason

#2 Posted : 22 May 2019 08:05:28(UTC)
Rank: Super forum user

I would say yes but the detail is difficult. There is a broad requirement under Reg 11 of the Management of HSW Regs 1999 regarding co-operation and they have duties they must meet - or else why would they be spending the cash on compliance. But does that give you an absolute steer on what you're after in itself? No. There is no explicit requirement for them to share the full details of documents/certificates and tests etc. that they've undertaken in pursuit of compliance with their own duties. Whilst that seems the most simple way forward to meet elements of Reg 11, co-operation and co-ordination can theoretically look different I suppose.

But! Good news! Guidance may assist further, for example, HSG274 Part 2 2.147-2.151 deals with the very issue you're describing for legionella control in 'shared premises' and is good practice built upon that statutory requirement. It outright pushes information sharing as the way to go. One could draw parallels with most of the other hazard types you've flagged too.

#3 Posted : 22 May 2019 14:41:16(UTC)
Rank: Super forum user

Oh, and Reg 4 of Control of Asbestos Regulations 2012. Explicit requirement to co-operate where you have more than one dutyholder.


Check out the HSE enforcement guidance on what they'll do if there is a 'Failure to pass on info to person liable to disturb asbestos e.g. workers, new tenants' or 'failure to co-operate'.

#4 Posted : 11 June 2019 16:32:02(UTC)
Rank: New forum user

Thanks Xavier123 most helpful. 

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