Within a Commercial Property the Landlord / Managing Agent is responsible for the five-year EICR for the Communal Areas / Common Parts, they also arrange an EICR for each unit at the end of the tenancy.

But ultimately who does the responsibility sit with to carry out the 5-year fixed wiring tests in the demised area / leased units.  Is it the landlord or the tenant.

I think it’s the responsibility of the Landlord / Managing Agent, but my manager says that it should be the tenant’s responsibility.

Does it depend upon the lease or ultimatley does this responsibility sit with one party?

Edited by user 30 January 2024 16:06:59(UTC)  | Reason: Not specified

The question of who funds what with regard to maintenance and inspection should be clearly listed in the terms of the agreement between the parties.

If not specifically stated as the renters (tennants) obligation then they would be within their rights to conclude such matters are included in monies paid and as such are the responsibility of the landlord or their agent.

Your manager would be advised to find the proscriptive black and white to back up their statement and beware believing all signed agreements match any model template they may have.

This falls under the HSWA Section 4 - Controller of premises duties. This is the only H&S legal duty that can be transferred by contract, and that's only because it specifically says it can be within the legal duty. However, the default duty holder is the landlord/owner of the premises.

The other aspect of this, however, is that if the landlord should be doing it and isn't, then the tenant has to consider if the electrical supply is safe for their employees/customers/etc. to use (S2&3 HSWA + RR(FS)O). Knowing the EICR is overdue imposes a duty on the tenants to assess that risk and make some potentially hard decisions on using the space. 

Tony.