Whose responsibility?

[wade88]

Morning fellas,

One of our warehouses is coming up to its 5 year re-test and the landlord has been in touched asking whoever "is responsible" to sort it out, can they please get in touch with an NICEIC spark (another sucker i see conforming to NICEIC's propaganda efforts) and get it tested, forward him the cert and tie up lose ends.

Now having taken this job on as plant manager, i manage 4 warehouses for all amenities, utilities, repairs, whatever and i have not totally found my feet with all aspects of it. such things as this i am unsure of and i personally feel, that it is in fact his responsibility as landlord to ensure these things are carried out and he pays for them? Same would apply to a domestic situation? You wouldnt ask your tennants to sort such matters out and pay for it?

Am i totally wrong on this, because i want to go back to him and say its your job pal, and its your pocket funding it. we dont own the building, we simply lease it.

Trust you all had good weekends

B

 

[telectrix]

might depend on the terms of the lease. for example, a landlord is generally responsible for building repairs, but if the tenant is on a full repairing lease, then the tenant is responsible for repairs, e.g. new roof , etc. a similar thing might apply to the electrical installation.

 

[mogga]

all depends on TsnCs of lease Most of our work is for commecial clients in rented buildings and its the client orginises FWT ect landlord just covers land lord services , building fabric as most are rented as empty shell

 

[snowhead]

If the building was rented with just a meter and all services within are put in by the tennant, then the Tennant is responsible for all compliance internally.

If the building was rented with all services in situ, then there would have been a clause desrcibing responsibility.

A lot of leases are "Full Repair", which means the tennant pays for everything that breaks or fails, including the roof,,I know I had a lease on a shop with that in and it nearly cost me a new roof.

The Landlord needs the Cert regardles of who's responsible, it's most tlikely a condition of his insurance that it is done.

You can't compare to Domestic.

 

[Chr!s]

Morning fellas,

One of our warehouses is coming up to its 5 year re-test and the landlord has been in touched asking whoever "is responsible" to sort it out, can they please get in touch with an NICEIC spark (another sucker i see conforming to NICEIC's propaganda efforts) and get it tested, forward him the cert and tie up lose ends.

Now having taken this job on as plant manager, i manage 4 warehouses for all amenities, utilities, repairs, whatever and i have not totally found my feet with all aspects of it. such things as this i am unsure of and i personally feel, that it is in fact his responsibility as landlord to ensure these things are carried out and he pays for them? Same would apply to a domestic situation? You wouldnt ask your tennants to sort such matters out and pay for it?

Am i totally wrong on this, because i want to go back to him and say its your job pal, and its your pocket funding it. we dont own the building, we simply lease it.

Trust you all had good weekends

B

Print him a copy of this, not all sections are relevant though some are and they are statutory. http://www.arla.co.uk/media/60323/ESC-landlordsGuide.pdf

There is also the Health and Safety at Work Act, Management of Health and Safety at Work Regulations 1999, CDM Regulations.

 

[ian.settle1]

Print him a copy of this, not all sections are relevant though some are and they are statutory. http://www.arla.co.uk/media/60323/ESC-landlordsGuide.pdf

There is also the Health and Safety at Work Act, Management of Health and Safety at Work Regulations 1999, CDM Regulations.

Thats for houses not commercial what wade88 is asking about.

 

[Chr!s]

Thats for houses not commercial what wade88 is asking about.

Health and Safety at Work Act, cover's Commercial.

Management of Health and Safety at Work Regulations 1999, cover's Commercial

CDM Regulations, cover's Commercial.

Landlord and Tenants act, cover's Commercial.

If there is nothing in the Lease, then there is enough in the above to prove who is responsible.

 

[ian.settle1]

Health and Safety at Work Act, cover's Commercial.

Management of Health and Safety at Work Regulations 1999, cover's Commercial

CDM Regulations, cover's Commercial.

Landlord and Tenants act, cover's Commercial.

If there is nothing in the Lease, then there is enough in the above to prove who is responsible.

I was refering to the link you posted whiched mentioned Part P

 

[wade88]

Alright lads, thanks for the feed back. It seems after digging up our tenancy agreement it falls on our lap so looks like i better get on with that then.

 

[netblindpaul]

Yep, sorry Wade, also if the LL require NICEIC AC, then that is what you MUST have, same as if your insurer requires it, like it or move out. Immediately.
End of.

 

[UNG]

Yep, sorry Wade, also if the LL require NICEIC AC, then that is what you MUST have, same as if your insurer requires it, like it or move out. Immediately.
End of.

Not as clear cut as you may think I have along with some of my customers successfully argued with insurers and brokers about being restricted to specific trade bodies approved contractors to carry out installation and inspection work. In all cases to date they have allowed alternatives so it pays to argue as ultimately they want your business