Q&As

A tenant has taken an assignment of a commercial property in which there are problems with the electrical cabling. To what extent is the landlord/tenant or assignor liable for rectifying the problems? The tenant is required to comply with statutory requirements and there is no express landlord obligation to repair the electrical cabling in the lease.

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Published on LexisPSL on 11/06/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A tenant has taken an assignment of a commercial property in which there are problems with the electrical cabling. To what extent is the landlord/tenant or assignor liable for rectifying the problems? The tenant is required to comply with statutory requirements and there is no express landlord obligation to repair the electrical cabling in the lease.
  • Allocation of responsibility for repair
  • Health and safety issues
  • Position between assignor and assignee

Allocation of responsibility for repair

The responsibility for maintenance and repair will depend on the terms of the lease and, most importantly, the definition of the demised premises.

As an example, if the lease is part only of the landlord’s property then the demise will usually include only the service media within and exclusively serving the demised premises, and which are owned by the landlord and exclude any service media within the demised premises, but which do not serve it exclusively, or which are not owned by the landlord. Then the landlord’s retained property will often include the service media within it and outside but exclusively serving it (but excluding any service media not owned by the landlord).

Thus, even in the absence of a specific provision concerning the repair of the cabling, the obligation to maintain and repair the premises and/or comply with statute will be tied back to any definition of the demised premises/retained property. If the relevant cabling is included then the tenant or landlord will be responsible (as appropr

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