Q&As

Can a tenant be made responsible for maintaining records and carrying out checks for asbestos, risk assessments, electrical testing, legionella testing, etc under a commercial lease, or must this responsibility remain with the landlord?

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Published on LexisPSL on 04/06/2018

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

  • Can a tenant be made responsible for maintaining records and carrying out checks for asbestos, risk assessments, electrical testing, legionella testing, etc under a commercial lease, or must this responsibility remain with the landlord?

Statute imposes obligations in relation to certain health and safety issues. As examples:

The ‘dutyholder’ under the Control of Asbestos Regulations 2012 (SI 2012/632) is every person who has an obligation in relation to the ‘maintenance or repair’ of non-domestic premises under the terms and conditions of a lease or management agreement, and can therefore be a landlord or a tenant. Single occupiers, under fully repairing and insuring leases, would usually be the dutyholder responsible for compliance with the regulations. Owners usually have few responsibilities in respect of these buildings. However, individual leases could state otherwise and there may be unusual maintenance arrangements in respect of the building. For example, the owner may retain maintenance of the external facade or rooftop. See Practice Note: Control o

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