Posted By David Bannister It has been suggested that landlords have a duty to ensure their commercial tenants are carrying out a fire risk assessment (in addition to their own assessments etc for the common areas). This implies an enforcement role, an ability to make judgement on suitable and sufficient, scope for a breach of the Order and subsequent prosecution. I cannot find reference to this in any literature I have but am concerned that I may have misunderstood or missed entirely this duty. Can anyone clarify or comment?

Posted By DJ David, The landlord has a duty to undertake a risk assessment only to the extent that it is the "Responsible Person". As a matter of common sense and in order to comply with its duties under s. 3 HSWA, the landlord should insist (contractually) on seeing any tenants risk assessments, which might have an implication for itself and/or other tenants. This obviously includes a tenants fire risk assessments. Regards. DJ

Posted By shaun mckeever David It is a difficult one to try and explain but I will try:- Section 11(1) of FSO The responsible person must make and give effect to such arrangements as are appropriate, having regard to the size of his undertaking and the nature of its activities, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures. In this case, as the responsible person, the landlord generally has the responsibilty for the common parts of the building. Since fire does not recognise boundaries the landlord must also be concerned, within reason, with the tenants activities e.g. if the tenant has not correctly trained their staff for what action to take on discovering fire then the other occupants in the building may be placed at risk. The most likely reason other occupants in the building will be placed at risk is because the fire or products of combustion will have entered the common areas. Thus the landlord has the duty of monitoring the preventive and protective measures. He will know that the tenants have implemented appropriate control measures by reviewing the risk assessments undertaken by the tenants (in reality this will likely be done by professioals engaged by the landlord). The principal behind this is that fire does not recognise the boundaries in a building and so it will inevitably involve the common areas. The landlord has a duty to all other occupants for their safety. It is appropriate for the landlord to be concerned with the safety of the common areas. Not a perfect answer I know. It will probably need someone with a legal mind to explain it better, but I hope it gives some indication.

Posted By David Bannister Thanks to contributors so far who have shed some light. The impression I have gained is that is it good practice and common sense for a landlord to ensure fire arrangements are adequate in their tenants areas. However, like much of what we do as safety practitioners it is merely this - good to have, rather than a specific legal duty. I am still a little concerned that a landlord may be expected to pass judgement on whether fire control arrangements are appropriate in circumstances where he has no understanding of the risks. In Phil's restaurant example the tenant may make the decision that there is no need for automatic detection/suppression on the fat fryer. After the fire can the landlord be accused of not doing his duty? Take this a step further. Shaun's professional knows the restaurant is there but as he is acting for the landlord merely assesses the structural features, escape routes etc that form part of the common areas. Should he assess the tenant's internal fire risks? Why? Should I submit this as a Diploma Question and get CPD points?

Posted By shaun mckeever Al Not sure which shopping centres you are referring to but I, or the company I worked for, carried out FRA's for one particular Landlord for all their shopping centres throughout the UK. If any of your outlets are in a Jones Lang LaSalle managed shopping centre then believe me they are done by professional consultants to a very high standard (if I say so myself!). They were advised by me to make their assessments available to all their tenants as part of their duty to co-operate and co-ordinate. Shaun