Hi All,

I am working for an organisation that has multiple commercial tenants renting office space and storage but may also be conducting operational activities with Hangar Bays which are deemed as common access shared areas.  We have a set of Hangar Operating Rules and manage the shared areas from an OHS perspective; responsible for providing safe well-maintained buildings, facilities and services.

I am seeking advice around the extent of our legal exposure from tenant activity within the Hangar Bays? This is currently managed by exception, through inspections and observing operating practices and interacting with organisations where appropriate, but is this enough?

Each organisation has its own working practices and staff independent to themselves, including H&S management. Our tenancy agreement includes a requirement that they should comply with current legislative and regulatory requirements. 

To what extent should we as a commercial landlord be auditing our tenants safety systems, training and documentation?  Can we assume that the tenant has RA and Procedures in place to comply with H&S Regulations or should we be requesting evidence? In the event of an accident which would be logged to our premises, would we be exposed to any potential HSE action based upon tenants working practices?

M1lktrayman

If you did conduct an audit can you enforce change? I suspect you will be limited by the rental agreement and as such should avoid wasting time.

Under GDPR there are many tennant documents you will struggle to prove "legitimate business interest" in having access or keeping e.g. training records.

Your question is better phrased in the rental agreement as a signed declared commitment on behalf of the tenannt that they will at all times during their occupancy abide by all applicable Health & Safety law and regulation and be aware that others may be impacted by their activity within a shared facility.