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Category: Law
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I am a commercial tenant who is leasing part of a building

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Hi I am a commercial tenant who is leasing part of a building and have just had the Electrical Safety test done. The Landlord is maintaining that this is my responsibility to pay for the test and any repairs, which there will be some, as we were told it failed the safety test. Is this right or are the Landlords legally responsible for the test and safetly of the building?
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: I am in Billericay High Street, In Essex
JA: Has anything been filed or reported?
Customer: We just had the test done today, and the electrician has told us that the safey has failed
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I was needing to know if the law states that they are responsible, as I have been told it is in our lease that we are responsible for it. This is new to us, I have not managed to check the lease as yet, just didn't want to be charged a fortune to correct any safety problems we are not responsile for
Hi, I am happy to help you with your enquiry today.

It is your landlord's responsibility to keep the property you live in safe and free from health hazards. This includes repair and maintenance of gas pipework and appliances in safe condition.

As per legislation, starting on 1 July 2020, private landlords must make sure that all electrical installations are inspected and tested by a registered electrician. This is their responsibility and not the tenant's.

Hence, I advise you to make a formal and polite complaint with your landlord regarding this matter. Should the landlord ignore your demand, you may report his non-compliance with your local council.

Is there anything else I can help you with today?

Customer: replied 2 months ago.
Thank you for the reply. Does this apply to the lease of property for commercial use? I have spoken to the landlords agency who are maintaining that the lease states we are responsible for it. Can this be right?

The responsibilities of landlord and tenant will be clearly set out in the lease. Normally commercial landlords are responsible for any structural repairs such as foundations, flooring, roof and exterior walls, and tenants are responsible for non-structural repairs such as air conditioning or plumbing.

You tend to be usually responsible for any maintenance and repairs not specifically identified as the landlord’s responsibility in the lease. The lease may specify that the you must keep the property in good condition, even if the property wasn’t maintained to the same standard at the start of the lease – this is called a ‘full and repairing lease’.

It will boil down to the terms of the lease. Could you send me a copy?

Customer: replied 2 months ago.
Thanks so much for that. I will try and dig out the lease and send you over a copy as soon as i can. I have replied to the agency who work on behalf of the Landlords, to say I have taken advice, and asked them to provide me with the clause on the lease that states we are responsible for the Safely test and any repairs. Thanks for your advice and for giving me the confidence to deal with this, as I know the repairs are going to be quite substantial as the building is very old and we will need a new circuit board etc, and we are still recovering from the pandemic closuresfo, being a tattoo studio, we were closed for a long time.
Not a problem. Very happy to help and yes make sure you are confident and we are always here to help.
MARTINT330 and other Law Specialists are ready to help you
Customer: replied 2 months ago.

I have enclosed a copy of the lease for you to have a look at for me. I cannot see where we are responsible for the test and any resulting repairs, however, your expert eyes may find it different. I just want to know from someone independent. Thanks for your help. Joanne ********

No problem Joanne. Can I come back to you on this?
Customer: replied 1 month ago.

Hi I sent over a copy of my lease, was hoping you had time to look at it, and tell me if I am responsible for the repairs to the electric sockets etc. as our landlords seems to think I am. Thanks Joanne **********