Retail Unit no smoke alarms -Landlord or Tenant responsibility?

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    Retail Unit no smoke alarms -Landlord or Tenant responsibility?

    Hi, just bought a building with a ground floor retail unit trading as a blinds shop with a flat above. The retail unit upon inspection has no working smoke alarms or fire extinguishers.

    The original lease agreement between tenant and last landlord, which I am going to continue to use, states under the Tenant's obligations:

    c. pay all costs in connection with the supply and removal of electricity, gas, water, sewerage, telecommunications, data, services and other utilities to or from the Property;
    d. pay on demand a fair proportion of the costs payable for the maintenance repair lighting cleaning and renewal of all Service Media used by the Property in common with other property;
    g. keep the Property at all times in good repair and condition and all Landlord's fixtures and fittings (damage by an Insured Risk excepted unless the policy has been vitiated or monies refused in whole or in part by some act or default by the Tenant or its agents);

    Lease doesn't mention anywhere on it about being a repairing lease fyi. So who is responsible for installing the smoke alarms/ fire extinguishers?

    Need to have an EICR done so thinking to get the electrician to put in mains powered interlinked smoke/heat alarms but don't want to be then held accountable if the tenant doesn't test/maintain or removes/damages them etc. Or should I just ask them to sort it themselves?

    Thanks in advance





    #2
    Both tenant and owner obviously have interest and responsibilities to ensure such things. You might find insurance required them.

    Anyone contemplating no such alarms needs medical help.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Following The Regulatory Reform (Fire Safety) Order 2005 which came into force on 1 October 2006, I understand that the Fire Brigade no longer issues fire certificates on commercial property. It is now a matter for occupiers (or landlords of multi-let property with communal areas) to demonstrate that they have procedures in place in respect of fire hazards which need to be verified by private companies specialising in such matters.

      Comment


        #4
        EICR's do not cover fire alarms UNLESS they are electrically connected and are out of date

        Comment


          #5
          ask your tenant to produce a copy of its risk assessment, which is required by all employrs. Hopefully the assessor will recommend he instals smoke deterctors to protect worforce and invitees

          Comment


            #6
            My Insurance Company decided to do an inspection of a Ground Floor Retail unit which I had insured with them for 15 years and in the last 3 years with a tenant. Following the inspection the Inspector said I want to see an Electrical Safety Certificate and a Fire Risk Assessment.
            I also took further advice, As I understand it, the occupier (tenant or otherwise) has an obligation to make premises safe for both staff and/or members of the public. If there is an insurance claim the insurance company Loss Adjuster will look for loopholes to deny a payout.

            Comment


              #7
              Thanks for your responses 👍🏼

              Comment

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