Can I enforce safety checks on commercial tenant?

by Readers Question

9 months ago

Can I enforce safety checks on commercial tenant?

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Can I enforce safety checks on commercial tenant?

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?




Neil Patterson

9 months 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 >>

terry sullivan

9 months 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?

Chris Harris

9 months ago

It should be clear from the lease as to who is responsible. It may provide that the landlord can carry out.the check and charge the tenant, or that the landlord can compel the tenant to comply, or some other variation.

However it should be in the lease in any event , even if under a general catch all clause. I would firstly read the lease, and then still not clear to you speak with the solicitor who drew up said lease.

Chris Wheelwright

9 months ago

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.

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