Commercial Landlords: Understanding Your Responsibilities

James Regan is a partner in our commercial department and can be contacted on 01323 434420 or by email here.

As a commercial landlord, it can often feel like you're navigating a maze of obligations and responsibilities. From ensuring the safety of the premises to managing the terms of your lease agreements, it's a line of work that requires careful attention to detail. Knowing exactly what your buildings are being used for by tenants is an important part of this. In this guide, we delve into the key responsibilities that you must be aware of as a commercial landlord.

Understanding your Obligations as a Commercial Landlord

As a commercial landlord, your obligations are wide-ranging and encompass various facets of the property you are leasing. These responsibilities are designed to protect both the landlord and the tenant.

Health and Safety Responsibilities

As a commercial landlord, ensuring the safety, security, and overall welfare of your tenants is paramount. You are required by law to ensure that the property, and often the building's communal areas, are safe for occupation.

Key aspects of health and safety responsibilities include:

• Maintenance and Repair: Landlords are responsible for maintaining and repairing any fixtures and fittings they own. This includes items attached to the property, like heating or lighting systems.
• Electrical Safety: Landlords are legally obligated to ensure the property's electrical system is safe. This includes organising regular safety inspections by a registered electrician.
• Gas Safety: The responsibility for gas safety can either fall with the landlord, the tenant, or both, depending on the lease agreement. As a landlord, you may be required to arrange annual gas safety inspections.

Asbestos Management

Asbestos management is a critical aspect of a landlord's responsibilities. If asbestos is discovered in the property, the landlord must comply with the Health and Safety Executive's guidance to ensure the safety of all occupants. Failure to manage asbestos risks can result in hefty penalties.

Fire Safety

Landlords and tenants often share responsibilities for fire safety. As a landlord, you are typically responsible for ensuring fire regulations are adhered to in common areas like staircases and lifts and for maintaining fire safety equipment.

Energy Efficiency and Electrical safety

It is advisable for a commercial landlord to have their property surveyed and an Electrical Condition Report (EICR) written by a registered electrician who will also need to inspect the property at least once every five years.

As of April 2023, commercial landlords must ensure that their properties have a minimum Energy Performance Certificate (EPC) rating of E. It will be illegal to let out a property that does not meet this standard.

Maintenance and Repairs

The lease agreement will outline the landlord's responsibilities for maintenance and repairs. Typically, landlords are responsible for structural repairs, including the foundations, flooring, roof, and exterior walls.

Insurance

Commercial landlords are typically responsible for arranging building insurance. This provides financial security in the event of property damage.

Understanding the Lease Agreement

The lease agreement forms the basis of the landlord-tenant relationship. It outlines the terms and conditions of the lease, including the duration of the lease term, the amount of rent to be paid, the permitted use of the property , and the responsibilities of both parties.

As a landlord, it's essential to understand and abide by the terms of the lease agreement. Failure to do so could lead to legal disputes or financial penalties.

How to Ensure Compliance

As a commercial landlord, ensuring compliance with these responsibilities can seem daunting. However, it is entirely achievable with proper management and a clear understanding of your obligations

Key steps to ensuring compliance include:

• Regularly reviewing and updating your lease agreements to ensure they reflect current laws and regulations.
• Conducting regular inspections of the property to identify any maintenance or repair issues.
• Engaging professionals for regular safety inspections and maintenance of gas, electrical, and fire safety systems.
• Keeping open lines of communication with your tenants to address any concerns or issues promptly.

The Code for leasing business premises in England and Wales

The code for leasing business premises in England and Wales sets out the responsibilities of commercial landlords and tenants. While there is no legal obligation for landlords to follow the code, it is authorised by regulatory bodies including, the British Council for Offices, the British Retail Consortium and the Confederation of British Industry. The code covers:

• Alterations and changes of use
• Assignment and subletting
• Insurance
• Lease negotiations
• Ongoing management and service charges.
• Rent guarantees and deposits
• Rent reviews
• Service charges
• Term lengths, renewal rights and break clauses.

The Code is useful for commercial landlords as it sets out best practice.

Conclusion

Being a commercial landlord comes with a host of responsibilities. By understanding your obligations and ensuring your properties are safe, well-maintained, and legally compliant, you can create a positive relationship with your tenants and ensure the longevity of your commercial properties. Remember, the obligations of a commercial landlord are not just legal requirements but also critical elements in protecting your investment and the wellbeing of your tenants.

For more detailed advice and guidance on your responsibilities as a commercial landlord, it is always advisable to seek legal advice, ideally from a commercial property lawyer.