What Are Your Commercial Property Legal Duties?

Both landlords and tenants have legal responsibilities when it comes to commercial property – they must ensure the business premises are maintained to an acceptable standard and provide a safe and comfortable environment for people to work in.

What are your commercial property legal obligations? The answer to this question will depend on the law, regulations and the terms of your individual lease.

It’s vital landlords and tenants fully understand their legal duties.

The Core Commercial Property Legal Obligations

Commercial property landlords and tenants have a legal duty to prevent personal injury or property damage by carrying out the necessary precautionary measures – the duties and reasonable precautions will vary according to the law and what is stipulated in the lease.

As a guide, it’s important that the following safety measures are complied with:

Fire Safety

Landlords – before granting a Lease landlords should check  the fire safety of communal areas of a commercial property in terms of the building itself, but Leases will provide that Tenants should be responsible for their own areas.

Tenants – tenants must ensure the safety of employees in case of fire. This includes daily risk assessments and ensuring the premises are safe – the fire safety equipment is in working order and the emergency exits are clear and maintained. They must comply with the Fire Safety Order or face a fine and possibly a prison sentence.

Electrical Safety

Landlords – landlords are not legally required to provide tenants with a certificate of electrical safety. However, the Electrical Safety Council recommends that landlords test the safety of the electrics every 5 years or when there is a change of tenancy.

Generally Leases pass on the obligation to maintain a safe electrical system to Tenants.

Gas Safety

Generally Leases provide that Tenants  must comply with gas safety regulations or face a fine or even a prison sentence. Their duties include maintaining all gas installations and appliances within the business property, arranging for a Gas Safe registered engineer to inspect the premises annually and keeping records of inspections for at least 2 years.

Health & Safety

Landlords – landlords are responsible for the health and safety of any  communal areas  in the commercial lease.

Tenants – tenants have a legal duty to conduct health and safety risk assessments in the workplace, removing any current or potential hazards. It is their responsibility to ensure the temperature and space are comfortable for employees to work in, and that there is ventilation, lighting, toilets, drinking water, and the necessary equipment for employees to carry out their duties safely. Tenants must also ensure their landlord carries out their responsibilities for the communal areas.

Helping You With Your Commercial Property Legal Duties

Our specialist property solicitors can help you with your commercial property legal obligations. We can also help with commercial property laws and regulations, making sense of it all to ensure you understand the terms of your lease, responsibilities and what you need to do to be compliant.

To speak to one of our professional solicitors about your commercial property legal duties, please contact us at our Chorlton office on 0161 860 7123 or email chorlton@hlfberry.com or at our Failsworth office on 0161 681 4005 or email failsworth@hlfberry.com