Commercial Landlord Obligations: A Checklist
Written by Scott Jones, founder of CommercialPropertyKiln · Last updated
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A commercial landlord carries a range of legal duties, most sharpened where you retain control of parts of a building or let it in poor condition. This checklist pulls them together.
Safety duties
- Fire: a fire risk assessment and fire safety measures for the parts you control. See fire safety.
- Asbestos: the duty to manage asbestos in non-domestic premises. See asbestos management.
- Electrical: safe fixed wiring, usually evidenced by an EICR.
- Water: managing the risk of legionella. See legionella and water safety.
- Gas: where gas appliances or pipework are your responsibility, appropriate safety checks. See gas safety.
Works and the building
- CDM: client duties when you commission construction or refurbishment work.
- Contaminated land: environmental liability, especially on former industrial sites.
- Listed buildings: consent for alterations, and the limits on energy works.
Energy and access
- MEES: the property must be at least EPC E to let, or have a registered exemption.
- Equality Act: reasonable adjustments for disabled access, particularly to common parts and where you provide services.
Who is responsible for what
On a full repairing lease many duties in practice fall to the tenant, but the landlord usually retains responsibility for common parts, structure and shared systems, and for the building where it is empty. The split depends on the lease, so read it.
Keep records
Whatever applies to you, keep the assessments, certificates and records up to date and available. Where a duty is genuinely the tenant's under the lease, make sure it is being done. This is a framework guide, so confirm the specific requirements and frequencies for your building.
What are a commercial landlord's main duties?
Depending on the lease: fire safety, asbestos, electrical (EICR), water (legionella), gas, MEES and accessibility. The landlord usually keeps the common parts and structure.
Who is responsible for compliance under a full repairing lease?
More falls to the tenant, but the landlord typically retains the common parts, structure and shared systems, and the whole building when it is empty.