IRI Lease and electrical testing responsibility

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    IRI Lease and electrical testing responsibility

    Hi, we are ending the lease on an industrial unit at the end of the month. Our landlord has stated that we need to pay for an electric test and any resulting repairs before we leave. We have an Internal Repair and Insurance lease which says we are responsible for the 'fixtures and fittings'. From my research, the landlord is responsible for periodic electrical testing, and I don't consider the electrical wiring to be fixtures and fittings. Any advice would be appreciated. Darren

    #2
    Please quote the tenant's repair clause in full.

    Comment


      #3

      3.3Repair

      3.3.1Well and substantially to repair maintain clean and keep in good and substantial repair decoration and condition all of the interior of the Demised Premises (damage by Insured Risks excepted so long as the insurance policy has not been vitiated or the insurance moneys or part of them rendered irrecoverable in consequence of any act or default of the Tenant or of anyone at the Demised Premises with the express or implied authority of the Tenant)

      3.3.2Whenever necessary to replace or renew all Council's fixtures and fittings and other apparatus in the Demised Premises with suitable articles or equipment of similar and modern kind to the reasonable satisfaction of the Council

      3.3.3Within the period of 28 days after receiving notice from the Council following an inspection or sooner if requisite to repair and make good the Demised Premises as required by such notice and by the preceding provisions of clause 3.3 and if the Tenant fails so to do and the Council incurs costs as a result of executing such work itself then to pay to the Council as a debt on demand and indemnify the Council against the whole of such costs
      3.3.4To clean the inside of all windows and glazing in the Demised Premises at least once in every month

      Comment


        #4
        You are obliged to "keep" the electrical installation in good and substantial order. I am of the opinion that the meaning of this is that it has to be capable of passing an electrical safety inspection ready for the immediate occupation of the next tenant. My advice therefore is produce an interim electricians certificate to the effect that it is in good and substantial repair, and carry out such interim works necessary to get to such a condition.

        If a lease says "keep" in such and such a condition, that may include putting in that condition subsequent to the time that you took the lease. That is why such leases are known as FRI "full repair and insure" even if the insurance premium is paid by way of service charge.

        Unless that is, that elsewhere there is conflicting wording. This is the general rule

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          #5
          The requirement to keep the electrical installations in good repair is covered by clause 3.3.1. However, the clause does not impose an obligation to pay for an electric test.

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            #6
            It might be a requirement of the insurance policy for the premises to have an electrical test. The tenant's insurance covenant may have something to say about compliance with insurer requirements.

            Comment


              #7
              Thanks for the replies. The landlord is responsible for the building insurance, so I guess it's just an internal repair lease! I'm inclined to agree with Lawcruncher. We are responsible to look after the fixtures and fittings including electrics in so far as to not cause damage to them, but the landlord, as part of their duty of care should ensure the electric test is carried out. We are going to speak to a solicitor to clarify, as I feel like the landlord, who is the county council is trying it on a bit.

              Comment


                #8
                Things Change.
                If I was you I would have an electrician do an electrical safety test .before you move out. And see what it says.
                I rented out a Commercial Property before all these rules came in about Safety Certificates.
                The lease was an ordinary Business Lease. Over a 10 year period more and more changes were being made to electrical regulations so much so that my premises virtually needed a full rewire.
                And I had an inspection from my Insurance Company who said "I want to see a copy of the Fire Risk Certificate and a copy of the Fire Risk Assessment" The tenant had done neither.
                The chances are that when you move out your landlord will have a Chartered Surveyor do a Schedule of Dilapidations as well as having an Electrical Safety Test, and you will be charged.
                Landlords of Business Premises where the tenant is responsible for repairs to keep the property in such a condition that the day after you move out they can let it again with the new tenant not having to do any work whatsoever.

                Comment


                  #9
                  Originally posted by Kendojo View Post
                  Thanks for the replies. The landlord is responsible for the building insurance, so I guess it's just an internal repair lease! I'm inclined to agree with Lawcruncher. We are responsible to look after the fixtures and fittings including electrics in so far as to not cause damage to them, but the landlord, as part of their duty of care should ensure the electric test is carried out. We are going to speak to a solicitor to clarify, as I feel like the landlord, who is the county council is trying it on a bit.
                  No, its the Insurance Company who is responsible for the Building Insurance, and if there is a Fire caused by an Electrical Fault and there is no Electrical Safety Certificate to show to the Loss Adjuster for the Insurance Company they can refuse to accept a claim.
                  Also as I understand it, A tenant has a duty of care to ensure that staff or members of the public who may enter the rented premises enter premises which are "safe" and the only way to ensure it is to have the Electrics checked.

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