Summary
- Fire safety responsibility in a commercial lease falls on the “responsible person” – anyone with control of the premises – which can include the tenant, landlord, property owner, or employer, and responsibilities can overlap, creating joint obligations.
- Commercial tenants are typically the responsible person as they occupy and control the premises as a workplace, whilst landlords are usually responsible for shared or common areas, standard building systems such as fire alarms, and premises where the lease has been surrendered or forfeited.
- Responsible persons must carry out a suitable and sufficient fire risk assessment, maintain fire safety measures, draft and regularly review an emergency plan, and ensure fire escape routes and exits remain clear at all times.
- This article is a guide to fire safety responsibilities in commercial leases for landlords and tenants in the UK, explaining who is responsible and what obligations must be met.
- LegalVision is a commercial law firm that specialises in advising clients on commercial leasing and property matters.
Tips for Businesses
Review your commercial lease carefully to identify where fire safety responsibilities are allocated between landlord and tenant. Conduct and document a fire risk assessment before occupying premises and review it regularly. Ensure fire escape routes involving third-party land are formally documented to prevent third parties placing you in breach of your fire safety obligations.
Fire safety in a commercial lease is a legal obligation that can fall on the tenant, the landlord, or both, depending on the terms of the lease and who controls the premises. Failing to meet your fire safety responsibilities can result in a breach of your lease, a fine, or even imprisonment. This article will help you understand who may be responsible for fire safety in a commercial lease, whether you are a commercial tenant or the landlord of the commercial property.
Responsible Person
Anyone with control of the commercial premises has responsibility for fire safety. Fire safety responsibility is to the person in control, and hence the ‘responsible person’. A responsible person can include, for example, a:
- landlord;
- property owner;
- occupier; or
- employer.
Responsibilities for safety in a commercial lease can overlap. This can mean joint responsibility, meaning you have to meet obligations by working together. It can also be the case where your lease has split repair responsibility.
A responsible person has the following obligations.
1. Carry Out a Fire Risk Assessment
A fire safety assessment must be ‘suitable and sufficient’, meaning you must decide what to cover as the landlord or tenant.
You should also ensure fire safety measures are in place and stay in place. Additionally, you should draft an emergency plan and review it regularly.
2. Ensure Emergency Exits and Fire Routes are Clear
The obligation to keep the fire emergency route and exits clear at all times may require extra responsibility if these involve third-party land. If this is the case, you must ensure that you document the route. Otherwise, the third party may place you in breach of your fire safety responsibilities by blocking it or altering the route.
Commercial Tenant as Responsible
As the responsibility for fire safety lies with the person in control of the premises, it will usually lie with the tenant in a commercial lease. This is because a commercial tenant often uses the commercial space as a workplace and is an employer with staff on your commercial premises.
Additionally, if you are a commercial tenant and the retail space you rent is the whole building, you are likely to be the responsible person. Therefore, you are responsible for fire safety in the commercial lease. A commercial lease may detail that the tenant is also responsible for the fire safety equipment in the building.
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Commercial Landlord as Responsible
As the responsibility for fire safety lies with the person in control of the premises in a commercial lease, if you are a commercial landlord, there are situations when you are likely responsible for fire safety. Here we detail some of these.
Where you lease out commercial space with common or shared areas, you are the responsible person as the landlord or the freeholder. Alternatively, the managing agent may be the responsible person. This lies directly in the common areas and standard building systems such as the fire alarm.
Also, if, as a commercial landlord, you send your commercial lease or forfeit it, you ultimately take back control, meaning you are responsible for fire safety. The commercial landlord may also be responsible for providing fire safety equipment, such as a fire bucket and fire extinguishers.
This cheatsheet includes practical tips to understand key clauses and avoid disputes in leasing agreements.
Key Takeaways
You may be responsible for fire safety if you have a commercial lease. Fire safety responsibility in a commercial lease can lie with the landlord or the tenant and, at times, with both. The commercial lease should detail where responsibility lies, such as providing fire safety equipment. The law also sets out fire safety responsibility, which states that the person in control of the premises is responsible. This refers to the need to carry out a fire assessment, for example, and to provide fire escape exits and routes. Fire safety in a commercial lease is typically the tenant’s responsibility as they usually use commercial premises as a workplace and are an employer employing staff. However, the landlord will usually be responsible for shared areas and systems.
If you need help understanding fire safety in a commercial lease in the UK, LegalVision provides ongoing legal support for all businesses through our fixed-fee legal membership. Our experienced leasing lawyers help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Fire safety in a commercial lease concerns keeping the commercial premises safe, such as through a fire risk, providing fire exits and planning escape routes.
A ‘responsible person’, in terms of fire safety in a commercial lease, is the person who has control of the premises.
Yes, fire safety responsibilities can overlap, creating joint obligations. Both parties must work together to meet their duties, particularly where the lease splits repair responsibility between them.
Failing to meet fire safety responsibilities can result in a breach of your lease, a financial fine, or even imprisonment, making compliance a critical obligation for both landlords and tenants.
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