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Bluemilk  
#1 Posted : 16 November 2021 14:57:03(UTC)
Rank: New forum user
Bluemilk

Hi all, can I ask for some clarification from those who are more experienced in control of other premises?

If company A rents out an empty building to Company B, and Company B then fills it with work equipment, plant or any such other materials, does company A have any control or responsibilities for the equipment being placed within? Especially in regards to maintenance, training etc for the equipment. 

thanks in advance 

A Kurdziel  
#2 Posted : 16 November 2021 15:20:43(UTC)
Rank: Super forum user
A Kurdziel

Section 4 places a duty on persons in control of premises, which are a workplace  eg landlords to keep those premises safe.  The details of who does what depends on the nature of the lease etc. but typically section 4 duties cover things like the fabric of the building, services to the building and maintaining access and egress. Things like  maintenance, training etc for the tenants equipment, would fall to the tenant, after all the landlord, cannot be expected to understand the tenant’s work activities.

thanks 3 users thanked A Kurdziel for this useful post.
Bluemilk on 16/11/2021(UTC), LancBob on 17/11/2021(UTC), Dazzling Puddock on 23/11/2021(UTC)
Roundtuit  
#3 Posted : 16 November 2021 15:22:04(UTC)
Rank: Super forum user
Roundtuit

None whatsoever otherwise a lot of letting agents would have huge H&S teams employed. One proviso being that Company A does not wholly (or in the majority) own Company B their relationship being strictly that of landlord and tennant.

As to the fabric and maintenance of the building (asbestos, pressure systems, boilers, electrical inspections etc.) those responsibilites should be described in the rental agreement.

thanks 4 users thanked Roundtuit for this useful post.
A Kurdziel on 16/11/2021(UTC), Bluemilk on 16/11/2021(UTC), A Kurdziel on 16/11/2021(UTC), Bluemilk on 16/11/2021(UTC)
Roundtuit  
#4 Posted : 16 November 2021 15:22:04(UTC)
Rank: Super forum user
Roundtuit

None whatsoever otherwise a lot of letting agents would have huge H&S teams employed. One proviso being that Company A does not wholly (or in the majority) own Company B their relationship being strictly that of landlord and tennant.

As to the fabric and maintenance of the building (asbestos, pressure systems, boilers, electrical inspections etc.) those responsibilites should be described in the rental agreement.

thanks 4 users thanked Roundtuit for this useful post.
A Kurdziel on 16/11/2021(UTC), Bluemilk on 16/11/2021(UTC), A Kurdziel on 16/11/2021(UTC), Bluemilk on 16/11/2021(UTC)
Brian Hagyard  
#5 Posted : 17 November 2021 09:39:09(UTC)
Rank: Super forum user
Brian Hagyard

As others have said "control" can be defined by looking at the lease. For me Section 4 is more important where you have multiple tennants in 1 building - much harder to hand over responsibility in that situation

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