Tenant refusing access for test and inspection

[Lit_by_Sparks]

Good afternoon,

A client wants my company to access a commercial property (shop) to carry out some remedial works and subsequent test. The owner of the company is refusing to shut down his business (perhaps understandably) to allow this to happen. I was just wondering what the usual procedure would be here? Arrange to do the work out of hours (as requested by the owner) and add it to the tenancy cost for next year? Or would the landlord be in his rights to order the shop to shut down whilst the necessary works are done? Does the landlord have to suck it up or does the tenant? Is there a middle ground I am not aware of?

I guess its not really my business as I am just subcontracted by the landlord but after the horrific events in London this morning, I'm interested to know where the landlord would stand on the issue, as peoples safety is paramount.

Thanks,

LBS

 

[onions1066]

How big is the property and how long to test?

 

[richy3333]

Well if the tenant business owner is an employer then he will be in breach of the Electricity at Work Regs?

Most probably in breach of his tenancy agreement too

Tenant will be the first to sue when he gets an electric shock!!

 

[Lit_by_Sparks]

How big is the property and how long to test?

The initial test would have taken less than an afternoon to carry out. The highlighted works though are probably about a days worth plus the follow up test.

Well if the tenant business owner is an employer then he will be in breach of the Electricity at Work Regs?

Most probably in breach of his tenancy agreement too

Tenant will be the first to sue when he gets an electric shock!!

Thats a good point, I'll raise this with the landlord.

 

[Specialist]

If the business has refused access for you to carry out Inspection / Remedial works then CYA, Give the landlord a letter stating you've been refused access & get him to sign for it's receipt.
Then it's down to the landlord to sort it out & you don't get stuck in the middle.

 

[Pete999]

Set up a meeting with :
The Landlord
The Client
The Electrician carrying out the work
Client Staff Rep
H&S Rep (if there is one)
Sort it between yourselves at the meeting get written Minutes of what was discussed agreed etc. Budget time wise for any unforeseen occurrences.

 

[snowhead]

Does this shop trade 7 days/ 52 weeks a year including Bank Holidays?

 

[Leesparkykent]

There must be a tenancy agreement...usually in the tenancy agreement there is normally written along the lines of the landlord can access the property to carry out maintenance work at such notice. If the tenant refuses then he is in breech of his tenancy.

 

[Des 56]

The problem has to be dealt with by the landlord,he should be responsible for liaising with the tenant for arranged access
The landlord could also play the insurance angle,as a Landlord he has a duty of care,he cant carry that duty if access is denied
Don't get involved,the landlord needs to grow a pair

 

[The Ghost]

In maintenance there are so many occasions we can not gain access for anything. Testing repair switching off you name it. Maybe the landlord does have a covenant with the tenant for entry for repair/inspection but is unlikely to force that at the cost of interuption to the tenants livliehood. We just HAVE to do it out of hours and thats that! No if ands or buts. Sadly we have to charge anti-social hours rates though

 

[Mr.Smith]

In most tenant agreements , the Landlord has it written in that access must be provided , at a time that suits the Tenant and that notification must be provided first and not just turn up unannounced..
Get the Landlord to verify what that notification is , get him to contact the client and arrange access for you.
Stay clear of this as any time wasted on your part may be difficult to claim back.

 

[Lit_by_Sparks]

Thank you all for your replies. Although I'm usually more of a lurker here, its great to know that there are a lot of good people willing to help when I need it.

I think the main path of advice I'm going to take away from the thread is to not get involved. If I get the call that a time has been arranged for me to go in then I will but until then I'll stay away.

Thanks again,

LBS

 

[Specialist]

Hi LBS: Lots of us have faced the same problems at one time or another, always best to stay out of the firing line & CYA with paperwork.

 

[The Ghost]

Well if you "stay away" instead of being pro-active and offering out of hours you lose business no?

 

[Lit_by_Sparks]

Well if you "stay away" instead of being pro-active and offering out of hours you lose business no?

I meant 'stay away' from the legal wranglings. The customer knows I will do out of hours if he requests it but considering there has been a bit of a stale mate for this long, I think he is holding his ground. This is the thing, I don't know where anyone really stands in this, hence the thread.

 

[Pete999]

I meant 'stay away' from the legal wranglings. The customer knows I will do out of hours if he requests it but considering there has been a bit of a stale mate for this long, I think he is holding his ground. This is the thing, I don't know where anyone really stands in this, hence the thread.

See post 6

 

[Lit_by_Sparks]

See post 6

Thanks, I did take this message into account and may suggest this course of action when I see the landlord.

 

[The Ghost]

hence the thread

Understood

 

[Prat P]

M

Good afternoon,

A client wants my company to access a commercial property (shop) to carry out some remedial works and subsequent test. The owner of the company is refusing to shut down his business (perhaps understandably) to allow this to happen. I was just wondering what the usual procedure would be here? Arrange to do the work out of hours (as requested by the owner) and add it to the tenancy cost for next year? Or would the landlord be in his rights to order the shop to shut down whilst the necessary works are done? Does the landlord have to suck it up or does the tenant? Is there a middle ground I am not aware of?

I guess its not really my business as I am just subcontracted by the landlord but after the horrific events in London this morning, I'm interested to know where the landlord would stand on the issue, as peoples safety is paramount.

Thanks,

LBS

My view is that the installation needs to be certified as safe for continued use so on that basis the landlord is obliged to provide this and the tenant has no right to deny access for essential maintenance. If you are not prepared or able to do the job at a time when the business is closed then the business will just have to close for a day

 

[Octopus]

^^ where does any legislation state an installation must be certified safe?