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Posted By Mark Mace
we have recently leased a new building, i have found that the existing alarm system does not work (and may also be insufficient)
Who is reponsible for the maintenance of the system as it is part of the building, is it us or the leasing company.
Also if found to be insufficient who is responsible for replacing it.
Thanks in advance of your replies.
Regards
Tony
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Posted By Bob Shillabeer
I suppose it depends on the terms of the lease. If the premises owner is responsible for the upkeep of the building as a lnadlord then it is down to him, if not you become the premises controller with responsiblity for maintenance so its down to you. Check the terms of the lease.
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Posted By Bob Youel
I am sure that recent case law [incident in 'common area'] noted that the lease conditions were secondary to controller duty / liability
So the area can be quite complicated
I agree look at your lease [many of which are not strictly legal] and talk to the fire service / your insurers
Where you 'control' you have the duties so the common areas may be controlled by others/you depending on the situation
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Rank: Guest
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Posted By Mark Mace
Where you mention control, we are only people with keys and the office/wharehouse is occupied by us only.
thanks for the replies, have passed it to the Legal Director for him to look into lease.
Regards
Tony
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Rank: Guest
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Posted By Robert.
It would have been prudent to have carried out a "technical" veiwing before the lease was confirmed.
Chances are that the FA system was adequate for the previous tennants but not for your needs.
Same goes for elec distribution, after you sign the lease and find that the dist board and MCBs etc are obsolete when you move in. Your problem, not the land-lords.
Likewise security.
A veiwing costs nothing and Landlords are not the most forgiving of individuals after the event.
Good luck
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Rank: Guest
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Posted By Red Ones
My gut feeling is that you are responsible as controller of the premises. As controller you could be cited by the Fire Officer for any breach of the FF(RO) and the landlord would only be a copy addressee for information purposes.
I would check though to see who is responsible for the maintenance and upkeep of the system as this is a pretty handy guide.
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Rank: Guest
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Posted By GT
Hi Mark, I presume that the question you raise is about a safety issue (lack of a fire warning system)and I think this is valid. Unfortunately, as others have tried to suggest the main issue perhaps revolves around the terms of contract within the lease, as to whether the fire alarm system was to be provided in working condition for the use you require or not.
It maybe that your use doesn't require an electronic fire alarm system but something a lot simpler all of which can and will be be established following the fire risk assessment prior to occupation of the building.
Trust this helps
GT
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