Who is Responsible for Health and Safety in a UK Commercial Lease?

Whether you are a commercial landlord or a commercial tenant, you must be aware of your health and safety responsibilities in a UK commercial lease. A lease agreement is a binding contract between a landlord and a tenant, so you must abide by the terms of your commercial lease. However, it can be confusing as to who is responsible for specific aspects of health and safety in a commercial lease. For example, a commercial landlord may assign responsibility for some elements to a commercial tenant in the lease. Therefore, health and safety responsibilities can vary between leases. However, some health and safety responsibilities are legal obligations in UK legislation, and there are harsh penalties if you do not abide by them. These can include fines or even prison. This article will explain who is responsible for health and safety in a UK commercial lease.

Landlords 

A commercial landlord is responsible for health and safety issues which the commercial lease agreement details. This is, therefore, the best place to clarify a landlord’s health and safety responsibilities in a commercial lease. They will, however, usually be responsible for all health and safety of any communal areas of a property. 

Responsibilities

Commercial landlords are usually responsible for ensuring particular safety checks before a tenant leases the property and possibly for safety repairs. For example, a commercial landlord is generally responsible for the following:

• managing gas safety;
• managing fire safety, which can include general fire precautions, such as fitting smoke alarms and ensuring equipment is safe and working; 
• managing electrical safety, which can mean ensuring electrical products are safe when a tenant moves in and also when a tenancy comes to an end; 
• ensuring the property is in a good state of repair; and
• ensuring the property has an energy performance rating of a minimum of an ‘E’.

Also, be mindful that while fire safety may typically be the landlord’s responsibility, it can instead be the tenant’s, as listed below. This is because the law only specifies it is the obligation of the ‘responsible person’, which could be either party. This is another reason you must refer to your lease agreement regarding health and safety in a commercial lease.

Tenants 

A tenant is responsible for ensuring that the landlord carries out their health and safety responsibilities which the lease details. Aside from this, commercial tenants have health and safety responsibilities, which the lease agreement should detail. In addition, the landlord may have passed on specific health and safety aspects to the tenant. 

Responsibilities

Tenants are generally responsible for managing the safety of those who work in the commercial premises and taking charge of the upkeep. Health and safety laws set out most legal abilities. For example, a commercial tenant must carry out a health and safety risk assessment for the premises to determine the hazards they need to remove. A tenant is likely to be responsible for the following:

• fire safety, if they are the ‘responsible person’;
• general electrical equipment safety;
• managing asbestos, such as ensuring risk assessments take place to check the potential presence of it; 
• ensuring the temperature of the premises is reasonable; 
• providing adequate space, ventilation and lighting;
• ensuring the premises have toilet and washing facilities;
• providing drinking water; and
• ensuring the equipment provided is safe.

They must also maintain aspects of gas safety. Specifically, they must maintain equipment per the manufacturer’s instructions.

Key Takeaways

Commercial tenants and landlords have health and safety responsibilities in a commercial lease and must understand and carry them out. Commercial landlords, for example, must maintain the safety of communal areas in commercial property. On the other hand, commercial tenants are responsible for many health and safety aspects of their premises. For example, they must ensure that equipment is safe to use and that the premises are well-ventilated. If commercial landlords and tenants do not carry out their health and safety obligations in a lease, not only do they breach the lease, but they could be subject to prosecution. 

If you need help understanding the health and safety responsibilities of commercial landlords and commercial tenants in a lease in the UK, our experienced leasing lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 0808 196 8584 or visit our membership page.

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