Can My Landlord Mandate a Second Fire Exit in My Commercial Space?
Navigating the demands of a commercial landlord can often be overwhelming, especially when it comes to safety regulations. In England, my landlord has been pressing me to install a second fire exit in my commercial unit. Despite having a fire risk assessment last year, which concluded that an additional exit wasn’t necessary due to the small size of the space and the absence of staff, my landlord has renewed their demands for another exit.
Last year, the assessment seemed to put the issue to rest. However, they are now challenging the assessment and have gone so far as to prohibit my use of the unit until the exit is installed. They’ve also warned that if it’s not done within 30 days, they will arrange for the installation themselves and bill me for the costs.
The situation has left me uncertain about my next steps. Their new stance feels out of line with previous communications and experiences during my 2.5-year tenancy, which have been less than ideal.
I’m seeking advice on whether they truly have the legal right to enforce these changes and to what extent their demands are enforceable. Navigating this complexity is crucial, and any insights would be greatly appreciated. It’s a challenging issue, and I hope to find a resolution soon. Regards.
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bdadmin
Hello,
Navigating landlord-tenant dynamics, especially in a commercial setting, can indeed be complex and stressful. Let’s delve into your situation and explore your options.
Understand Legal Requirements:
In England, fire safety in commercial premises is governed by the Regulatory Reform (Fire Safety) Order 2005. The Order places the responsibility on the “responsible person” (usually the business owner or occupier) to ensure fire safety measures are adequate. This includes conducting fire risk assessments and taking action to eliminate or mitigate risks. Since a fire risk assessment was conducted, and it concluded that a second exit was unnecessary, your landlord’s demand seems to disregard the professional assessment.
Landlord’s Responsibilities and Legalities:
Landlords can stipulate certain infrastructure requirements in the lease agreement. Review your lease to understand your responsibilities regarding structural changes, as well as any terms related to compliance with safety requirements. If the lease stipulates certain fire safety installations are your responsibility, the landlord’s demand might be grounded in contractual terms.
Challenge or Appeal the Decision:
Given that a risk assessment advised against a second exit, you might consider securing a second opinion, ideally from another certified fire safety professional or the local Fire and Rescue Authority. This can provide an additional layer of evidence to counter your landlord’s demands, should it become necessary.
Seek Legal Advice:
Consulting with a solicitor who specializes in commercial property or landlord-tenant law can offer clarity. They can review your lease and the fire safety report, and help identify whether your landlord is overstepping their legal grounds. If your landlord is acting improperly, your solicitor can assist you in taking appropriate legal action.
Communicate with Your Landlord:
Open a dialogue with your landlord and present your evidence from the fire risk assessment. Clarification of their rationale could reveal whether their concerns have a legitimate basis or stem from other motivations. You might also inquire about whether they have obtained new information or advice driving their change in stance.
Financial Implications:
If the installation is found to be necessary, focus on the financial arrangements. Clarify who bears the cost, both for the immediate installation and maintenance. Again, the specific stipulations in your lease will directly inform this aspect.
Safety vs. Legal Right:
Regardless of legal standing, consider whether adding an additional exit could provide an extra layer of safety. While it may