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iouern  
#1 Posted : 12 July 2010 10:39:07(UTC)
Rank: New forum user
iouern

Looking for some advice really. My company occupies an office in an airport terminal. I recently asked the owners of the building if htey could provide details of the last time that they conducted and the results of the fixed wire testing. Their reply was that it was the tenant who was responsible for getting this done. I am a little confused as we rent similar offices in other airport terminal buildings and all the other owners have provided the information with no problem. Am I barking up the wrong tree here, or is it not the building owners responsibility. I am going to visit them this week and want to know how I should approach this subject. Thanking you in advance.
antbruce001  
#2 Posted : 12 July 2010 11:03:12(UTC)
Rank: Forum user
antbruce001

Hi, I beleive this falls under the HSWA Section 4 (Landlord duties). Unlike most H&S requirements it does allow for the transfer of legal duty by Contract. Therefore, it depends on your tenancy contract. However, the default position is always the landlord (deemed the person in control). If the contract does not clear stipulate that your company takes on the role of person in control, e.g. responsibility for the maintenace of fixtures and fittings then it rests with the landlord. Hope this helps, Tony.
iouern  
#3 Posted : 12 July 2010 11:09:42(UTC)
Rank: New forum user
iouern

Thanks Tony, my manager has gone through the tenancy agreement and found nothing specific in it pertaining to this, so it looks like I am going to have to speak with them about that. I appreciate your help.
PhilBeale  
#4 Posted : 12 July 2010 12:07:26(UTC)
Rank: Super forum user
PhilBeale

Just make sure they are not getting confused with fixed wiring testing and PAT testing. Phil
Jackson900572  
#5 Posted : 12 July 2010 12:07:33(UTC)
Rank: Forum user
Jackson900572

Hi If a person vacates a building, then they may be asked to pass information like this back accross to the landlord. Our buildings are lease (35 in total) and we are responsible for the maintainance of all premises, including the undertaking and remedial works for each location. There for the landlord my not have any of this information. 2 things you can do are: Find out the previous tentant and ask them for a copy, or ask who did this work for them, then contact the electricians to get a copy. Look at the mains panels for some identification on the people that may have done the tests. NIC may be able to help if you have a reference number. It may help.
iouern  
#6 Posted : 12 July 2010 22:04:26(UTC)
Rank: New forum user
iouern

Both great ideas, thanks very much for the help!!!
stevie40  
#7 Posted : 13 July 2010 12:27:59(UTC)
Rank: Super forum user
stevie40

Generally it would pass to a tenant if they are under a full repairing lease. However, I'm a little surprised that the owner of an airport terminal is leaving such matters to individual tenants. A small fire in a terminal would have devastating effects on travel plans and the profits of the airlines / airport operators. I would expect to see the landlord undertake the work and then charge the cost on to the tenant within the management charges. That way, they can be sure it is completed.
iouern  
#8 Posted : 13 July 2010 15:10:39(UTC)
Rank: New forum user
iouern

I am 100% in agreement with you Stevie40, you could have knocked me over with a feather with their thinking. We have been in these offices for two years now and they have within the last six months put in a wall mounted electric heating/cooling system and they have never asked us to provide any documentation to them showing that a fixed wire test had been completed. The reason I asked them was to satisfy our insurers who had requested it (I've only recently started with the company). It is worrying to me that they are relying on the individual tenants to do something so important and the impact it will have on my organisation if the wheels do come off the track. I am have been waiting all day to hear when they can meet with me to discuss this. Thanks for your thoughts on this matter.
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