Fire risk responsibilities. Landlord or tenant?

[Guest Daniel]

Hello,

The housing association for the office I rent have requested that I carry out various fire risk assessments such as:

Electrical Installation Condition Report

Servicing and maintenance of gas appliances

Fire & Evacuation drills

Employees receive fire safety training & records kept on site

Evidence of appropriate fire safety awareness refresher training

Weekly fire alarm tests are not recorded

Monthly emergency light tests to be recorded

Portable Fire-fighting equipment that is not being periodically maintained

As the office is rented are these the responsibility of me (the tenant) or do some/any fall under the responsibility of the landlord?

Many thanks

 

 

[AnthonyB]

Ownership does not have a bearing directly on responsibility, the hierarchy is as follows:

-Are you an employer? If so you are the responsible person for your workplace (whether you own it or not) to the extent that you have control
- Are you a person having control of a premises for the purposes of an undertaking even if no one is employed? If yes, then like the above you are a responsible person.

You are an employer and your lease will give you a wide degree of control of the premises whilst in occupancy (you will have a variety of repair and maintenance obligations under it) so you hit the main two triggers of liability.

Landlords can be responsible persons - they were included in the legislation to cover vacant buildings and areas, but also for any aspect of premises that they retain control over that is not controlled by an employer or other person.

Unless the fire alarm is a system in common other than to your office (& you don't have your own fire alarm panel) then the whole list is your responsibility - although I would have expected that your office wasn't let to you unless it had a valid EICR and gas certificate (but if you've been in the office for some time they may have fallen due again whilst still under your control, 5 years typically for EICR, annual for gas)