Can I enforce safety checks on commercial tenant?

by Readers Question

9:08 AM, 9th October 2017, 9 years ago 4

Categories:

Landlord News Landlords Questions

We have one commercial lease (office building) wherein our tenants have denied their responsibility to carry out annual Gas Safe checks and Electrical Installation Condition checks.

Do we have any recourse against them apart from invoking forfeiture of the lease for breach of covenants?

Since these are statutory obligations, can we ask any regulated body to enforce these requirements on them?

Thanks

Sunil

Share This Article

Comments

Neil Patterson Read Full Bio

Member Since February 2011 - Comments: 3453 - Articles: 286

9:12 AM, 9th October 2017, About 9 years ago

Hi Sunil,

I am not sure where the responsibility is split between the landlord and tenant for Health and safety checks and I suppose it depends on the contract.

However as a business they must be compliant with the Health and Safety Executive regulations and responsibilities.

HSE >> http://www.hse.gov.uk/

Report Comment Reply
terry sullivan

Member Since December 2015 - Comments: 828

12:02 PM, 9th October 2017, About 9 years ago

are these statutory in relation to non-residential? i do not know but wiring check is not mandatory in residential–only annual gas safety cert?

Report Comment Reply
Chris Harris

Member Since May 2015 - Comments: 49

12:26 PM, 9th October 2017, About 9 years ago

Obfuscated Data

1 Report Comment Reply
Chris Wheelwright

Member Since February 2015 - Comments: 8

12:53 PM, 9th October 2017, About 9 years ago

Sunil
I do not believe these checks are mandatory except insofar as they relate to your tenants duties under Health and Safety legislation, as Neil has said.
Assuming the property is let on a Full Repairing and Insuring basis I am not sure why you need be concerned ? If there is an issue of dilapidations this would be dealt with at the end of the lease. It is difficult to pursue a claim during the course of the tenancy unless you can show that there is a clear diminution in your freehold reversionary interest.

1 Report Comment Reply

Have Your Say

Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.

Not a member yet? Join In Seconds