As a commercial landlord, it is essential that you consider the health and safety of your tenants. Whilst health and safety is a somewhat shared venture, there are some aspects of it that you are responsible for as a landlord. This guide will help you to ensure that your tenants are as protected as you can make them and that you are covered as much as possible should anything go wrong.
When you are a commercial property landlord, there are a number of aspects that you should be looking at with regard to the health and safety of your property and those that are renting the commercial property from you. Some of these are stipulated by law, and others are just recommendations that can improve the safety of those on the property and make things easier for you and your tenants.
Gas Safety
When it comes to gas safety, you, as the landlord, are responsible for the safety of your tenants. The law says that you must:
- Carry out a gas safety check on all of your gas appliances and flues on an annual basis.
- Keep records of your gas safety checks.
- Ensure that gas flues, appliances, and pipework are well maintained and repaired if need be.
The gas safety checks should be carried out by a gas safety engineer who is registered with Gas Safe. Ensuring that gas pipework is safe is not often included in an annual gas safety check. It is, therefore, recommended that you ask the gas safety engineer to also check it when they come to do the check.
For any repairs and maintenance that are required through wear and tear, the landlord is responsible. If, however, there is damage as a result of an action by a tenant, it should be outlined in your tenancy agreement who will be responsible for paying for the repairs. You will also need to be able to show that you have had the regular gas safety checks carried out – although you do not necessarily need to keep hold of these records – or show them to your tenants. You must, however, make a copy of the gas safety certificate available to your tenants.
Electrical Equipment
As a commercial landlord, the law requires you to ensure that the electrical work in the property is safe both at the time that the tenant goes into the property and also whilst they are occupying it. You also have a duty of care towards other people who are visiting the property (in addition to the tenant themselves).
It is recommended that you get an Electrical Condition Report carried out before you rent your commercial property out to your tenants to ensure that it is fully compliant with the electrical standards that are required. The Electrical Condition Report can be carried out by a qualified electrician and should be done at least every five years – although it is recommended that you carry one out every time that there is a change of occupancy.
Fire Alarms
If the property was built after 1992, it is a legal requirement that it is fitted with mains-powered smoke alarms. If the property is older than this, there is no legal requirement regarding fire alarms, but it is recommended that you provide battery-powered fire alarms within the property for the safety of your tenants.
You should carry out a fire risk assessment as well as ensure that fire exits and doors are functional and effective. Unless the landlord is also occupying the commercial property, you are not responsible for carrying out assessments on portable appliances. It is often, in fact, stipulated in the tenancy agreement that the tenant is responsible for ensuring the fire safety of the employees.
When it comes to fire safety, the responsibility is on the tenants for their fire health and safety.
Pest Control
It is important that you check that there are no pest control issues in the commercial property before your tenants move in. Although it might not be technically your responsibility when pests appear, not dealing with them can potentially cause problems in the future. If you are unfortunate enough to have pests in your commercial property, it is important that not only you deal with them as quickly as possible, but also take measures to ensure that they do not come back.
You might need to get a professional pest controller to do this for you.
Toxic Materials
Every now and again there can be a material present that is harmful to people. These materials will normally have been fitted at some point in the past only then to have been discovered that the material is harmful to people – such as asbestos.
If you discover that there is a harmful material present in your commercial property, you should seek to find out the most appropriate way that it is dealt with – perhaps it should be removed, for example, or perhaps left undisturbed, depending on the situation. Failure to deal with a toxic substance or material such as asbestos can be deemed to be a criminal offence, sometimes resulting in a fine or even imprisonment.
Legionnaires
Legionella is a disease that is similar to pneumonia that develops as a result of a bacteria that is found in water systems. The bacteria in standing water can multiply, becoming very dangerous for people if inhaled. As the landlord, you should carry out a risk assessment for legionnaires before your tenants move in. You do not need to hire a specialist as normally this risk assessment can be carried out by you.
Final Thoughts
As a landlord, you have some responsibilities when it comes to the health and safety of your tenants. Most of them are about ensuring that structures and systems are safely and properly functioning, whilst the day-to-day health and safety issues are normally covered by the tenant. The Health and Safety Executive website is a good resource if you need any more information.
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